Issue Archive · Open Access
Volume VI – Issue VI / 2023
Articles · 309
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Pages 01 - 10In October 2023, the Hon`ble Supreme Court of India gave a landmark ruling in regards to the eligibility, implementation and limitations inherent in the MTP Act,1971 wherein the rules have been amended in 2021 to afford greater eligibility and their ease of application of the rules in eligible cases. The Apex Court, so to say has laid down law I relation to abortions permitted and has interpreted law harmoniously with the MTP Act and with the existing medical evidence as evidenced. The proceedings also brought out the power of the medical professionals and medical boards who exercise great caution in giving a balanced opinion based on medical recommendations and best medical evidence. For the first time, the Hon`ble Apex Court has drawn a clear distinction between simply `permitting an abortion` and `actual stopping of the neonatal heart` if the child is born alive despite the termination procedure. This article revisits the provisions of the MTP Act and discusses the implications of the Hon`ble Apex Court ruling on clear interpretation of the above Act. The rights of the unborn foetus as per Indian law is discussed and how the MTP Act is at crossroads with various rights of the unborn foetus. A discussion is also made in reference to and reasons therefor for overturning of Roe vs Wade judgment by the U.S Supreme Court in 2022. The implications of the MTP Act and the what the provisions mean in constitutional, ethical, moral and religious terms is outlined, particularly applicable to our country, with its rich traditions, religious and cultural heritage. The rights of the intending father, or the lack of it has been discussed with a commentary on how a woman`s decisions to otherwise is administered in most democratic countries906 views
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Significance of Legal Literacy in Development of India
Assistant Professor at CRSU, Jind, IndiaPages 11 - 23Legal literacy is a key to personal growth and independence. The people of India, the world's largest democracy, are increasingly in need of education about their rights so that they can act in accordance with the letter of the law. Most people associate "legal literacy" with a basic understanding of the law. The goal of this article is to document the initial effort towards understanding the law, which has the potential to improve people's lives and make our country a global superpower. With the passage of time, knowing one's legal rights has become more important than knowing one's civil or political rights. For a man to reach his educational goals, a solid grounding in the law is essential. The goal of teaching people their legal rights and how to assert themselves against abuses is so that they can lead more respectable lives. The value of knowing the law is something that can be seen from a young age all the way into retirement. The government and the judiciary, recognising the public's rising need to understand the law, have launched a number of programmes to do just that. The Legal Services Act of 1987 achieved significant success by enacting a number of important, broad measures in the public interest. Under the auspices of the Legal Service Authority Act, NALSA has proven to be an effective tool in raising public knowledge. Indisputable progress has been made towards increasing legal literacy, but there is still a long way to go before we see the desired results. This calls for a redoubling of efforts to refine existing methods of awareness in ways that are both less complicated and more nuanced. Because "united we stands, divided we fall," a new foundation of social philosophy is necessary. When everyone bands together to fight evil, then any criminal act is acceptable. And for this to happen, there needs to be an investment on both ends, from both the people doing the teaching and the people doing the learning.836 views -
Access to Justice for Migrants and Refugees
Student at Symbiosis Law School, Pune, IndiaPages 24 - 31This Research study delves into the intricate landscape of migration and asylum law, focusing on access to justice for refugees and migrants in India. Against the backdrop of India's history of hosting migrants and refugees from neighboring countries, the research navigates legal frameworks, challenges, and international obligations. The literature review highlights the contemporary "perfect storm" of climate change, food insecurity, overpopulation, and terrorism influencing migration patterns. Employing secondary research methods, the paper analyzes legal and bureaucratic barriers in India, immigration policies' impact on justice access, and the effectiveness of international legal frameworks. Case analyses underscore the dichotomy between challenges and judicial efforts to protect the rights of migrants. The paper concludes with recommendations, emphasizing the need for legal aid centers, cultural sensitivity training, language access, outreach programs, NGO collaboration, legal clinics in refugee camps, and policy advocacy. The study underscores the imperative for a dedicated Refugee Law in India and global cooperation to address the evolving complexities of forced migration.985 views -
A Socio-Legal Study on Honour Killing: A Menace to the Indian Society
Student at School of Legal Studies, CMR University, IndiaPages 32 - 43Every society or religions has its own customs, believes and practices and these acts as a norms which have been followed by them from decades in the form of rules, any person acting in contrary to those are subjected in the light of ‘dishonoring’ the family and the individuals, generally the head of the family, believes he has the right to take actions amounting to any extent in order to rectify the wrong done by the other member of the family. In general cases these ‘actions’ are ‘killing’ that person, but they often forget that killing for honour itself is a very honourless approach to make amends. The criminal law in India does not specifically specifies ‘honour killing’ within its Scope but the concept can be found in the Sections for murder and its related provisions. The researcher in this paper would try to critically analyze the concept of honour killing under the ambit of criminal law in India. This paper would try to form an understanding of how honour killing and murders are similar in nature, if at all, by taking the examples of the various instances happening in India involving the same issues. The researcher would also try to study whether there is any honour in honouring killing and is there any need for an amendment to involve honour killing exclusively in the codified laws for crimes in India.1,055 views -
Pages 44 - 51The inception of the capital market in India can be traced back to the 18th century, during a time when the trading of East India Company securities commenced. The Indian capital market has made significant strides since its establishment at the beginning of the nineteenth century. The legislative enactment of the SEBI in 1992 as a regulatory body was tasked with overseeing and governing the securities markets within the nation's borders. The primary obligations of the SEBI encompass the preservation of the welfare of investors and the facilitation of growth and oversight within the Indian securities markets. Due to the accelerated process of advancement in the world of finance, the multifaceted role of SEBI as a regulatory authority and facilitator of market growth has become progressively intricate. It is to be noted that the erosion of investor’s confidence has been attributed to the prevailing financial downturn, recessions, instances of misconduct, and various fraudulent activities that have plagued the capital markets. The paramount objective of all investors in the securities market is to mitigate risks and optimize returns. The feasibility of achieving this outcome is contingent upon their engagement with investments in a stable and protected securities market. Ensuring the safety of the financial markets as a conducive environment to feed investment necessitates the implementation of sufficient measures for safeguarding investors, which facilitate equitable and limpid transactions. This article elucidates several salient points, encompassing the paramount significance of SEBI in formulating and implementing policies aimed at safeguarding the interests of investors. Furthermore, it sheds light on the role of SEBI in investor protection.1,022 views
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Unveiling the Impact of ChatGPT on Legal Services
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 52 - 66The study aims to evaluate the extent to which ChatGPT can potentially serve as a useful supplementary resource to enhance understanding of legal concepts and provide quick responses and straightforward answers to basic legal questions. The results also revealed the benefits and drawbacks of ChatGPT. It identifies legal strategies, drafts a summary of judgement, generates a skeleton argument, and provides simple legal advice. Limitations include a lack of understanding of natural language and an inability to handle complex issues. It was evidenced by a recent incident where two lawyers relied on it for legal research and were guilty of using the Al model to submit non-existent judicial opinions with fake citations. ChatGPT may transform the study of law in both positive and negative ways. There is a need to find ways to adapt to these developments because resistance is futile.1,016 views -
The Origin and Growth of Mutual Funds in India and the Franklin Templeton Case Study
Student at SNDT Law School, IndiaPages 67 - 81The Indian business of Mutual Funds is developing ceaselessly. Putting resources into Mutual Funds is as yet viewed as an unsafe choice. The kinds of mutual funds choices accessible to an investor make it perhaps of the most adaptable and thorough speculation that are useful for individuals who will contribute. The guidelines of RBI and SEBI on the mutual fund industry make it a more secure choice to expand your benefits and put cash in something valuable. Mutual Fund Industry in India is thriving and going exponentially. The Mutual Fund industry in India has been booming for a long time. The SEBI rules are significant for Mutual Fund as they guarantee that mutual fund work in a straightforward and fair way, safeguarding the interests of the investor. The purpose of this paper is to examine the consistence of an AMC of a Mutual Funds concerning the SEBI (Mutual Funds) Regulations,1996, prompting the winding up of the six schemes. The research paper begins with the origin of mutual funds and covers the five phases of the growth of mutual funds in India that lead to Mutual Funds being a large part in the bloom of monetary services in the country. The paper is fuelled by the laws and regulations that are applicable on the Mutual Fund industry by the SEBI and RBI. The Case expresses the inward frameworks, consistence, risk the executives rehearses, inside exchanging, and technique for arrangement of plans by the AMC. The FT-MF (Franklin Templeton Mutual Fund) proclaimed deliberately wrapping up its six obligation Mutual Fund schemes in India under regulations of Mutual Fund in India expressing recovery tensions and absence of liquidity in the security market because of the Coronavirus and furthermore to safeguard the investors worth.1,239 views -
Pages 82 - 89The advent of interstellar travel in the twenty-first century has witnessed a dynamic shift in the landscape of space exploration, marked by the extensive collaboration between public and private entities. This transformation, exemplified by companies such as SpaceX, Virgin Galactic, and Blue Origin, has seen private enterprises outpacing their public counterparts in driving innovation and advancement within the field. Public-private partnerships have become a cornerstone of space exploration, with NASA collaborating with seven private companies, and even the Indian Space Research Organisation (ISRO) engaging nearly 500 private enterprises. This article critically examines the emerging challenges in legal liability, particularly in the context of common law nations like the United States and India. While international space law, including the United Nations treaties on outer space, provides a framework for governing activities in space, it faces limitations in its enforceability. Furthermore, the unique characteristics of space, such as the absence of recognised sovereign territory, raise questions about the applicability of tort law. The paper explores liability laws within the international legal system and dissects the complexities surrounding their implementation. It discusses the United States' use of maritime law as a model for the development of tort law in outer space, highlighting the need for the establishment of space-worthiness standards to govern individual liability and address issues like negligence. The focus of the paper then shifts to the applicability of torts to both public and private contractors involved in space exploration. Drawing from key legal cases, such as the Boyle vs. United Technologies case, it probes the expanding concept of the government contractor defence (GCD) and its potential implications. Additionally, the concept of vicarious liability is discussed, as it holds private corporations accountable for the actions of their employees, a principle that could play a crucial role in space-related tort cases. The article underscores the pressing need for comprehensive and internationally recognised tort laws to govern liability in space exploration. It highlights the evolving legal landscape in India, which is adapting its legal framework to accommodate the growing involvement of private enterprises in space endeavours. By examining the challenges and legal precedents in this emerging field, this article contributes to the ongoing discourse on ensuring equity, justice, and legal clarity in outer space activities.1,254 views
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The Uniform Civil Code from the lens of the First Law Minister of India
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 90 - 99Dr. Bhim Rao Ambedkar, the Chairman of the Constitution of India's Drafting Committee, was referred to as "The Father of the Indian Constitution." Additionally, he was India's first minister of law and justice after independence. He was in favor and recommended the adoption of a Uniform Civil Code (UCC) leading from western inspiration. He expressed his desire to reform Indian society by having a secular document for the citizens of India to follow. The Uniform Civil Code aimed to replace personal laws, which are based on the scriptures and customs that belonged to various religious communities, with a standard set of rules to govern every citizen of the country. This aspiration of Ambedkar attracted mixed reactions from different groups of people. Muslims have always taken their Shariat law as a personal responsibility. Hindus do the same when it comes to their religion. All their inheritance, marriage, divorce, or adoption practices are followed as written in Shastras. Hindus and Muslims consider their holy documents of Vedas and the Quran essential to adherence to their religion. In such a scenario, there was vigorous dissent on UCC from the conservative and orthodox Hindus and Muslims. Sensitive comments from Ambedkar on the religion made the conservative members of the Hindu community judgmental towards Ambedkar's beliefs. The proposed revisions altered a major chunk of the Hindu Code Bill regarding marriage and divorce ultimately buried. Even the then-prime minister of the nation, Pt. Jawaharlal Nehru ultimately did not support the UCC. Consequent to these instances, Ambedkar resigned from his office. This episode is an instance that highlights the matter of UCC being close to Ambedkar's heart. It is imminent to note that Ambedkar chose to leave Nehru's Government due to the conflict of opinions on the Hindu Code. Ambedkar believed political pathways were an essential tool in bringing about social reforms.1,486 views -
Knowledge Economy and Social Divide
LL.M. Student at CSI College For Legal Studies, Kottayam, IndiaPages 100 - 112The structure of society and its underlying economic foundation are undergoing significant change and transition at the moment in which we live. In the ensuing decades, production, commerce, employment, and work will all seem significantly different from what they do now. In the knowledge economy, intellectual capital is the primary input. The primary components and knowledge that the system uses are explicit and implicit knowledge. Knowledge-based organisations, knowledge workers, and knowledge processes make up the majority of the constituents. Knowledge management is heavily emphasised through the generation, archiving, retrieval, and dissemination processes. The new economy includes high-tech manufacturing companies in addition to service-oriented businesses. The model grows when it produces innovations and evolutions. Competent personnel ought to process appropriate licences or credentials. They also possess relationship, technical, and problem-solving abilities. Inequalities concerning the chances and benefits of the various social groupings within a community are referred to as social divides.757 views -
Constitutional Morality & Mob Lynching: The Contradictions
Assistant Professor at D.A.V.(PG) Degree College, Muzaffarnagar India.Pages 113 - 120Recently, there is a rapid hike in the incidents of mob lynching in India. It reflects the implementation of the retributive theory of punishment showing sheer barbarism, completely devoid of the concept of constitutional morality. The Constitution of India is the supreme law of the land in our nation where, there is no place for arbitrariness. Miserably, the rising incidents of mob lynching illustrates a quite different portrait. The author, in the present research paper attempts to analyse different instances of mob lynching in India and the probable factors responsible for them. The author also appraises the existing legal framework to curb mob lynching. The author further seeks to analyse the directives given by Hon’ble Supreme Court to curb the menace of mob lynching. Furthermore, the author assesses the measures implemented by the States to eliminate the devil of mob lynching alongwith the probable suggestions.735 views -
Judicial Outlook of Cyberbullying in India
Ph.D. (Law) Scholar at Raiganj University, West Bengal, IndiaPages 121 - 130India is not only the most populated country right now after recently overtaking China, but it also finds the topmost position in the global stats for the highest percentage of cyberbullying cases in the world. Indian youths are highly exposed to social networking sites and often fall prey to unwanted harassment, making them prone to incidents of online bullying. Online harassment and cyberbullying is quite a neglected issue in India which is getting worse with every passing day, but still there are no special laws in India to tackle this menace. Incidents of online bullying in India are presently addressed by applying provisions of the IT Act 2000, which has not even felt the need to define ‘Cyberbullying’ as an offence and also by applying provisions of the IPC 1860 which are primarily meant for offline offences. Even the provisions of POCSO Act 2012 may apply in cases of cyber-sexual harassment of minors and also provisions of JJ Act 2016 may apply in case the perpetrator turns out to be a minor. Thus, in this present scenario, it becomes really important for us to find out by analyzing several Indian cases how the Indian Judiciary is responding to different types of cyberbullying incidents in order to tackle this ever-increasing menace in the absence of any specific legislation.1,017 views -
Shaping the Future of Biomedical Research and Healthcare: A Critical Analysis on the Application of Competition Law in Biomedical Technologies and its Relationship with Intellectual Property Rights and Consumer Welfare
Advocate at High Court of Kerala, IndiaPages 131 - 146Biomedical research has demonstrated its capacity to question and reshape our established concepts of life and mortality. Biomedical technology and its associated products are an evolving field crucial for extending the lives of patients receiving treatment. In this context, it is imperative to examine the implications of competition law. Primary challenges in this domain encompass preventing anti-competitive behaviors, addressing the abuse of dominant market positions, and regulating mergers and collaborations among enterprises that could negatively impact competition, all aimed at safeguarding the welfare of patients and consumers. The application of competition law in healthcare serves to curtail monopolistic practices and fosters equitable competition within the market. Equitable competition entails engaging in competition based on merit, free from the influence of anti-competitive agreements. It prohibits the imposition of barriers that hinder entry into markets and ensures the viability of emerging and smaller businesses. Moreover, it promotes wealth distribution and prevents the concentration of economic power, while also safeguarding the freedom of trade for other enterprises. Competition plays a role in eradicating inefficiencies that often result in high prices, as it prevents predatory pricing and upholds product quality through the promotion of fair competition, ultimately safeguarding consumer well-being. Additionally, it is essential to consider the interplay between competition law and intellectual property rights within the biomedical technology sector, as well as devising remedies for combating anti-competitive practices. The study is based on a comparative perspective of the USA, UK, and Indian Laws for a better understanding of the subject.737 views -
Informed Consent and Medical Law
Advocate at Bar Council of Odisha, IndiaPages 147 - 159The present paper vividly elucidates the concept of Informed Consent in Medical Law. The paper begins with an introduction about what is informed consent and then the paper unravels about the different laws on informed consent in India and the jurisprudence of informed consent in medical law is discussed through various case laws in India. Then the paper shows a cross country analysis on the concept of informed consent in medical laws in India, UK, US and China. Furthermore, the concept of the informed consent is a crucial instrument which determines the fundamental rights of a human being. The paper is concluded with a concluding note which highlights the importance of informed consent in the life of medical professionals and patients.1,094 views -
Pages 160 - 172Intellectual Property Rights are a bunch of freedoms that give and safeguard makers to their creation for a specified timeframe. It comprises of Trade mark, Patents, copyrights and Trade innovations. Then again, Fashion industry is an arising area which is liable for starting up new precedents, having an impact on the viewpoint of watchers. Design Industry comprise of attire, shoes, packs, adornments and considerably more. Consistently, Style industry thinks of new plan and items. Hence, it means quite a bit to defend these items and thoughts to get its unique proprietors, the regard and advantages, they expect. The scientists in this paper have attempted to make sense of two exceptionally renowned ideas, Protected innovation Privileges and Style Industry, which are a lot of predominant in and around the country. The specialist has attempted to zero in on the possibility that IPR and Design industry are reciprocal to one another. A wide range of ideas of IPR like patent and brand name safeguard the parts of Style Industry and will have considerably more noteworthy impact in future by means of Open positions and Indian economy. Alongside well known and late case regulations, the writer has likewise introduced end to this article.616 views
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An Analysis of the Need for Creditor’s Protection
Assistant Professor at VELS School of Law, Chennai, IndiaPages 173 - 183Creditors are individuals or entities other than company members who are owed money by a company. They can include those who have lent money, sold goods, or provided services to the company. Creditors are typically external to the company, but a member can also become a creditor if they have lent money to the company that is still outstanding. There are four types of creditors, viz., Secured creditors, Unsecured creditors, Financial Creditors, and Operational creditors. They have enjoyed several rights under the Companies Act of 2013, the Insolvency and Bankruptcy Code of 2016, the SARFAESI Act of 2002, etc. Creditor's rights not only protect their interests against debtors but also within themselves. Some of the rights available under the Indian Companies Act, 2013 are Creditor’s meeting, preference in payment, the appointment of a liquidator, the right to make decisions affecting creditor's interest, and the right to nominate directors, and control over corporate spending This article will discuss the definition of creditors, the different types of creditors, the need for creditor protection, and the rights available to the creditors in the Companies Act of 2013.1,386 views -
Understanding India’s New Data Protection Laws and their Influence on the Constitutional Right to Privacy
Student at University of Mumbai, Thakur Ramnarayan College of Law, Mumbai, Maharashtra, IndiaPages 184 - 207An internationally recognized fundamental human right is privacy. However, in the era of digital technology, safeguarding personal data faces significant hurdles. This research paper provides a detailed exploration of the evolution of privacy rights in India, underscoring the critical role of data protection legislation. The paper begins by illuminating the urgency of addressing privacy concerns in the digital age, emphasizing the ethical handling of data, the protection of user rights, prevention against misuse, and the overall safeguarding of individuals' interests. It considers the complicated world of digital data while looking into historical background and the requirement for data protection laws in India. It also emphasizes necessity in establishing comprehensive legal frameworks to regulate these practices effectively. It also covers the evolution of digital personal data protection laws in India and how data protection laws have changed over time. Moreover, the paper highlights the basic requirement for thorough information assurance regulations in India to guarantee information security and protection in an undeniably computerized world. It calls for swift legislative action to tackle evolving digital technology challenges and advocates for transparency, fairness, and accountability in data collection and processing practices.881 views -
Legal Protection against Domestic Violence during Covid -19 Pandemic
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 208 - 221Despite recent comprehensive laws, domestic violence against women remains a serious issue that affects Indian society. However, the effectiveness of these legal measures has been limited, as they have failed to reduce domestic violence and improve the justice system. To achieve gender justice in a patriarchal society like India, further action is necessary. This discussion is based on secondary data and field research conducted in the state of Utilizing feminist epistemology, Tamil Nadu, Uttar Pradesh, Bihar, Punjab, Haryana, and Uttarakhand. Research has indicated that domestic violence, encompassing emotional, sexual, and physical abuse, heightens susceptibility to psychological disorders and physical illnesses. Regretfully, there are many cases of domestic violence in India, and the COVID-19 has made the situation worse. This study intends to investigate cases of domestic abuse against women that occurred in India during the pandemic. In order to do this, a five-year review of newspapers was conducted in order to analyse cases of domestic violence. When compared to prior years, the results indicated a marked rise in domestic abuse cases during the COVID-19 lockdown period. The number oases were higher during the initial phases of the pandemic, they gradually decreased over time. The pandemic had an unprecedented impact on women, with home containment measures leading to increased suffering from diseases and domestic violence.648 views -
Pages 222 - 239India has emerged as a major player in global trade, evidenced by its position as the sixth largest economy worldwide. However, fully realizing India's immense potential requires strengthening regulatory frameworks around governance and compliance. This paper examines India's complex trade compliance landscape, analyzing the remit of key bodies like the DGFT, CBIC, and RBI. It explores major legislative pillars like the Foreign Trade Act and Customs Act that shape India's trade trajectory. Divergences from international best practices are assessed across areas like tariffs, IPR, e-commerce rules, and agricultural subsidies. For instance, India's stance on pharmaceutical patents often varies from global IP norms favoring strong protections. The drivers behind these deviations, from balancing domestic interests to jurisdictional ambiguities, are analyzed. Avenues for greater harmonization are proposed, including trade agreements, adopting international standards, and enhancing research capacities. However, legal and economic hurdles to wholesale standardization are acknowledged, necessitating nuanced localized adaptations. Pragmatic reforms like consolidating legislation, institutional strengthening, stakeholder participation and fostering global collaborations are recommended to strategically align India with international trade governance frameworks. This strategic yet balanced approach can enable India to reduce compliance burdens, gain market access and bolster exports, thereby maximizing its global trade prospects.743 views
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The Backbone of Democracy: Electoral Commission Autonomy and Judicial Reinforcement
Assistant Professor at School of Law and Governance, CUSB Gaya, Bihar, IndiaPages 240 - 252The public's opinion of election integrity is significantly influenced by the degree to which electoral commissioners are able to function free from outside influence and political pressure. India is a democracy, according to the constitution, where citizens alone are able to choose their government. Without the public' active participation, democracy is pointless. Free and fair elections are important to the democratic process. However, elections are known for witnessing power struggles and drifts, which can destroy the fundamental elements of election fairness and freedom. As a result, a watchdog is needed to stop this threat and ensure that every person has the opportunity to exercise their rights. In order to fulfill the deadline, an independent committee was established to guarantee a free and fair election. This independent body is not subject to political or executive pressure. But holding elections is not simple; there are many obstacles to overcome. Since electoral reform procedures that have the potential to fortify newly established democracies depend heavily on the independence of electoral commissioners, evaluating their level of independence is crucial. However, a lack of theoretical clarity and the deficiency of a standard evaluation method have hindered efforts to comprehend and evaluate electoral commission independence. The purpose of this study is to ascertain the significance of fair and free elections in democracies as well as the constitutional framework that guarantees free and fair elections. Furthermore, it makes an effort to recognize the historical and current influence of the judiciary on election outcomes.1,182 views -
This study is designed to examine the status of poverty and youth unemployment in the context of Afghanistan. The relevance of the present study well from the fact that, that Afghanistan is ranked 182th on the human development index is unacceptable. The study employed the incidence of poverty as a function of unemployment, agricultural, manufacturing, and services contributions to real GDP, population, and inflation rate, in which the growth rate of the variables was modeled. The results of the study revealed that unemployment, agricultural and services contributions to real GDP as well as population, have a positive determining influence on the poverty level in Afghanistan, with only the agricultural sector statistically insignificant. On the other hand, manufacturing sector's contribution to real GDP and inflation rate exhibited a negative relationship with the poverty level in Afghanistan, with only the manufacturing sector appearing significant. The study recommended, among other things, that governments should make holistic efforts at all levels to create jobs and arrest unemployment.709 views
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Challenges LGBTQIA+ Authors faced & Notable Achievements and Awards in LGBTQIA+ Literature
Student at Shri Navalmal Firodia Law College, Savitribai Phule Pune University, IndiaPages 260 - 270This research paper examines the challenges and triumphs experienced by LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) authors within the literary landscape. It analyzes how institutional prejudices and personal hardships affect LGBTQ authors and their experiences, as well as the effects these obstacles have on the LGBTQ community and the larger literary community. LGBTQ writers have overcome these challenges with incredible fortitude and inventiveness, elevating LGBTQ voices and fostering an inclusive litṣerary landscape. Their success stems from their stories' capacity to uplift, cultivate empathy, and promote social change. This study highlights the importance of LGBTQ literature in promoting diversity, inclusiveness, and understanding in our multicultural and dynamic society and celebrates the literature's transforming power.821 views -
In an increasingly globalized and homogenized world, the preservation of unique regional identities and traditions has become a paramount concern. Geographical Indication (GI) protection has emerged as a powerful mechanism for safeguarding the distinct flavors, qualities, and cultural heritage of products tied to specific geographic regions. This article delves into the multifaceted world of GIs, highlighting their pivotal role in upholding the exceptional characteristics and flavors that define products from particular areas. One of the key facets of GI protection is the economic advantage it offers to regions and producers. Products bearing a GI label often command a price premium, as consumers are willing to pay more for goods they perceive as authentic and of high quality, owing to their specific geographic origin. Moreover, GI protection can open up new markets and expand export opportunities, boosting economic development in regions known for their unique products. However, the world of GI protection is not without its challenges. Issues like misuse and imitation, enforcement difficulties, and the need to strike a balance between tradition and innovation pose ongoing dilemmas. Additionally, as globalization continues to shape trade dynamics, protecting GIs across borders has become a complex task, often resulting in trade disputes. Looking ahead, the future of GI protection appears promising. Digital technologies, particularly blockchain, are set to enhance enforcement by providing immutable records of product origins, bolstering customer confidence. GIs are also expanding into non-agricultural sectors, illustrating their dynamic nature and potential for cultural preservation and economic growth. Environmental sustainability considerations are increasingly coming to the forefront, further enhancing the appeal of GI products. Furthermore, efforts for global harmonization in a world characterized by international trade and globalization are on the horizon, aiming to streamline GI registration processes and improve cross-border enforcement mechanisms.1,064 views
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Bootstrapping Patent Illegality & Public Policy to Annul the Arbitral Award: Unblinkering an Unruly Horse
Student at Uttaranchal University, Law College Dehradun, IndiaPages 282 - 293Arbitration stands apart from other forms of dispute resolution in that arbitral decisions are final and binding. However, the Act on Arbitration and Conciliation entitles a court to rebound an award for any of the justifications it lists. It is relevant due to Section 34 of the Act details the procedure to be followed in order to vacate a verdict proferred by the arbitral tribunal, including the assistance of the Court in setting aside the decision. While the participation of the courts is essential to the operation of the arbitration system, the courts should refrain from taking too active a role in reviewing challenges to arbitration awards. It would be antithetical to the spirit of the Act and only serve to prolong the process if this were to happen. Court involvement in arbitration proceedings is possible because the phrase “public policy of India” is not portrayed in the 1940 Act of Arbitration. Moreover, because the criteria for nullifying an award are not stated, the courts are free to use their own standards in ruling on the case. “The Arbitration and Conciliation (Amendment) Act of 2015 gave Section 34 of the Arbitration and Conciliation Act of 1996 the force of law and addressed a number of issues that had developed in its wake. This article analyzes the scope of judicial involvement and how Section 34 of the revised 1996 Act is implemented. In addition, the definition of” “public policy of India” “has been dissected, along with the revisions introduced by the Amendment Act of 2015.”933 views -
Global Trends and Patterns of Domestic Violence against Women
Student at Damodaram Sanjivayya National Law University, Visakhapatnam, Andhra Pradesh, IndiaPages 294 - 311Women's groups and supportive organisations all over the world, during the last few decades have made a numerous attempt to bring a paradigm change in eradicating the violence against the women. Gender-based violence is now on the public agenda, although in the past it was only discussed in private though it caused quiet misery to the women. Domestic violence violates the human rights of women. Rape, for instance, is a grave breach of a woman's bodily integrity, her right to dignity, security, and freedom from discrimination rather than a “affront to a woman's chastity.” Domestic violence against women in considered as one of the serious offense against the women, it includes all type of verbal, physical, and sexual attacks that violate a woman's physical body, sense of self, and sense of trust, regardless of age, colour, culture, or nation. Generally, this is a gender-based violence that result in psychological suffering for women as well. Women and children, as well as their relatives, might suffer severely from mental health problems as a direct consequence of this act of violence. Human rights and public health have been severely compromised for centuries due to this. The World Health Organization reports that between five and twenty percent of women's healthy life years between the ages of fifteen and forty-four are lost due to domestic abuse. The author of this work focused on the effects of domestic violence on women's mental health and conducted a literature assessment on international agreements and laws enacted to combat the problem.683 views -
From Data to Verdict: Navigating AI’s Growth & Blemish in the Legal System
Student at Madhusudan Law University, IndiaPages 312 - 319The legal industry is experiencing a surge in the use of artificial intelligence. AI has the potential to automate and improve efficiency through automation, but the rapid growth of AI is raising important ethical questions, such as those of job placement or the disruption of academic experience. The legal industry is experiencing a surge in the use of AI, with large language models such as ChatGPT making a huge impact. These models are able to generate text that mimics human writing, allowing them to be used for summarizing legal docs and predicting case outcomes. AI is being employed for contract composition, predicting legal outcomes and even providing judges with advice regarding sentencing and bail decisions. This article focuses on the unprecedented growth of AI in legal sector and how AI systems are used when dealing with policy questions, ethical dilemmas, or legal requirements.614 views -
Informed Consent for Clinical Drug Trials: Introspection to the Human Right Issues
Assistant Professor at School of Legal Studies, Kannur University, Kerala, IndiaPages 320 - 343To regulate the doctor-patient relationship, the doctrine of informed consent has been established as a legal principle. This requirement consists of two distinct, but related legal obligations imposed on physicians: the first is to provide patients with information, and the second is to obtain their consent before administering treatment. Most doctors are hesitant to tell their patients about their disease, the treatment they are receiving to cure it, as well as the treatment's consequences and side effects. To compel physicians to inform patients about their illnesses, a strong legal framework is required. The doctrine of informed consent does not have the same application in the case of human trial and treatment. In treatment, a doctor extends the patient's knowledge about a known medicine and cure. But in the case of human trials, even the doctor cannot predict the results of such medication. If we analyse the international legal regime that regulates human experimentation, the entire process is regulated by this doctrine. From the Nuremberg Code to the Helsinki Declaration, informed consent is the unique standard upon which the trial is legalized. The doctrine of informed consent does have many limitations in regulating experimentations on human beings even though it is considered as a good tool to overcome the problem of medical negligence. Human rights issues in clinical drug trials are examined in this article.565 views -
Violation of Human Right Treaties on an International Level
Student at Christ deemed to be University, Lavasa, IndiaPages 344 - 366A large number of international and regional treaties have been signed since the nonbinding Universal Declaration of Human Rights. Critics counter that it is unlikely that these have had any impact. Others argue that international frameworks can enhance adherence to human rights, particularly in more democratic nations or nations with a robust civil society committed to international relations. Since the U.N. issued the Universal Declaration of Human Rights in 1948, several formal treaties have been negotiated between countries that acknowledge hundreds of human rights, including political and civil rights, the right to work, the right to obtain health care, and the right to an education. However, some detractors claim that these treaties are overly utopian and difficult to enforce because of which violations happen. This paper aims to review violations of human rights treaties that have taken place on an international level and the types of violation and attempts to answer the question whether international human rights accords effectively safeguard marginalized groups, or should we look for alternatives?708 views -
Evolution of Human Rights Law and Global Initiatives
Head and Associate Professor at Department of Law, Dhanamanjuri University, Manipur, IndiaPages 367 - 374Rights and freedoms are considered to be the most essential aspects for human survival, existence personality, peace and development among others, without which human beings would obviously be reduced to the level of animals. Historically, the evolution of human rights emerged out from the very concept of natural rights, divine rights or other superior rights. Though the concept of human rights is as old as human civilization, they were found in different form and nature in the ancient time. During the passage of time, the concept of human rights grew up in a gradual manner through different stages of human civilization. The article dwells upon the efforts of the League of Nations and the relentless endeavors of the United Nations, more particularly in the post-1945, and their relative impact on humanity and mankind has, eventually led to adoption of a global regime on human rights as a universally accepted standard norms for all people and for all nations.821 views -
An Analysis of New Developments in Unconventional Trademarks
Assistant Professor at Vels University, Pallavaram, Chennai, IndiaPages 375 - 383In today's developed new technology day-to-day life, product advertising has also changed. Creating a product depends on the customer's view of recognizing its mark. A number of techniques play a role in capturing the attention of the customer in product shapes, smell, sound, tastes, and textures. A non-conventional trademark helps to create recognition for a product or a brand. The study is about the various forms of non-conventional trademarks and their protection at the Indian, EU and international levels. The origin and historical view of non-conventional trademarks begin with the circulation of goods. Roman blacksmiths were the first to use identification marks on their swords. In order to distinguish the goods and services and to attract customers from other products by visible and non-visible signs, they are the design, logos, color combinations, words, motion, hologram, texture, 3D, taste, sound, and scent. The Trade and Merchandise Act, 1958, was the earliest law relating to trademarks in India and was replaced by the Trade and Mergers Act, 1999. The TRIPS Agreement helps to connect members of the World Trade Organization. It's very difficult to obtain registration for non-conventional trademarks, which vary from country to country depending on national legislation. Provided by the TRIPS Agreement through international treaties such as the Paris Convention, Madrid System, Trademark Law Treaty, Singapore Law Treaty, etc. In Indian legislation, non-conventional trademarks have no explicit provision. The basic prerequisites under Section 15 of the TRIPS are distinctiveness, visual perception, or graphical representation, giving valid guidelines for registration. According to EU legislation, legal protection can only be obtained through registration. CTM (community trademark) played a role in uniform registration in the European Union.799 views -
Comparative Analysis of Fundamental Duties: A Cross-National Study of India, USA, and China
Student at NMIMS, Navi Mumbai, IndiaPages 384 - 395Even though the former Soviet Union was the first nation in the world to contain provisions for basic obligations in its constitution, provisions for fundamental duties can now be found in the constitutions of communist and non-communist nations worldwide. To promote national integration, unity, and cultural harmony among individuals of Indian society of all castes and creeds, citizens should obligate themselves to the fundamental duties. The Indian Constitution did not initially include any mention of Fundamental Duties. They were included to the constitution for the first time with the 42nd Constitutional Amendment Act (1976). These were adopted in direct reaction to the Swaran Singh Committee's recommendations. After some time had passed, the 86th Amendment to the Constitution was ratified, making the education of children between the ages of 6 and 14 a Fundamental Duty of parents. The courts have the ability to preserve and enforce basic rights, but fundamental duties cannot in any manner be compelled to conform with the law. According to P.V.K.R.V. Rao, there should be mechanisms for penalising those who violated their Fundamental Duties so that Article-51A may be applied as effectively as feasible. In the twenty-first century, the notion of basic responsibilities is becoming increasingly significant.2,334 views -
Pages 396 - 408Prostitution is a practice of sexual service in exchange of payment, and the very basic reason which result in the practice of prostitution is trafficking. The individuals involved in the prostitution are often victims not criminals. The plight of women in any field is worst. They are considered to be an object to fulfill the bodily needs and desires. Victims of Trafficking and Prostitution are living a life more brutal than the guilty in the prison. Law is vague and ambiguous when it comes to prostitution. The law itself is in dilemma because on one hand human trafficking is illegal and on the other hand prostitution is not punishable. But what would be the legality and status when an individual in trafficked and shoved in prostitution is a question that is unanswered. Some violent and controlling individuals confine women, men and children and force them to commit acts of prostitution for their own profit. Human trafficking forcefully converts a person into a commodity. And also, a poor woman turns to prostitution because of very less economic opportunities. Prostitution and human trafficking have jointly become commercial sexual exploitation. The sex workers are exploited by the owners of the brothels and the pimps too as there are no proper laws for them. Once a female is involved in such activities she is not accepted back in the society or family, under social pressure and at the end they have to ultimately return to the shelter from where they came which is no less than a hell for them where their body is exploited. In this paper the emphasis is laid down on the roots of this practice and also a question on its legality.721 views
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A Comparative Analysis of Indian and Western Political and Philosophical Thoughts with Respect to The Concepts of State of Nature and Self – Consciousness
Student at VIT School of Law, IndiaPages 409 - 422Philosophy is considered as one of the basic discipline of almost every branch of social sciences. We can see traces of philosophy in politics, history, economics, geography, psychology and even science. Philosophy was considered to be logical only if it fitted with science. Philosophy was considered largely as a product of westerners till the early or late 18th century. But, then it was started to be considered that not only philosophy but every subject had its base even from Asian background which pre – existed western thoughts. It is to be noted that on a parallel path Asian philosophy was much developed even centuries before the dawn of Western philosophy during various Western renaissance period. Some of them are Buddha, Confucius, Lao Tzu, Kanada, Mahavira and many more. Indian Philosophical arena consisted of various ancient such texts including the Vedas, Upanishads, Advaita, Vedanta and many more. The Indian philosophy can be considered as one of the widest in application and it was applied in real life to some extent. In this paper I would like to do a comparative analysis of two concepts from Indian Philosophy. In this notion first I would like to give a comparison between the philosophical aspect of Matsyanyaya and state of nature according to European philosophers with an essence of polity, then comparison between Hegelian views and the Indian Advaita – Vedanta thought in a complete philosophical sense. Through these observations I would like to establish a connection between these theories and analyse them from a perspective of a student and a researcher. Finally, I would like to give my conclusions and my observations.1,496 views -
Pages 423 - 439India is a land of diversities, belief, faith and rich culture. Thousands of Indians daily pray to his respective God regardless of his religion, caste, colour, creed, race, and gender to give them a life with dignity, a life with fulfillment, happiness, and divinity. Temples are such living testament of such faith and belief. Our country India is well known for protecting every asset of the nation. Our Constitution declared in its preamble “WE THE PEOPLE OF INDIA.” So, each and every public asset is the asset of each and every citizen of the country. In a way Hindu temple properties were started to be administered by the Government elected by the people, for the people and of the people. Different states started their own religious bodies to protect the interests and properties of Hindu Religious Temples and worship places. Some of the well-known such establishments are the Travancore Devaswom Board, Cochin Devaswom Board, Tirumala Tirupati Devasthanam, Hindu Religious and Charitable Endowments department of Tamil Nadu, etc., In particularly this paper focuses on the Hindu Religious and Charitable Endowments department of Tamil Nadu. Even though set up for supporting temple administration, at present we can see that the role of this department is getting corporatized and is used for acquiring temple properties for purposes other than religious one and remaining inactive doing a minimal conservation to thousands of temples around the state. Even though conservation activities are undertaken but, such activities are being done only at temples which attract huge public and no other temples. This leads us to a serious question whether the department is acting only to protect those religious institutions which have more assets and properties. In order to find the answers, we would like to discuss in detail in this paper regarding the recent allegations arised, cases filed and observation done by us as a team, by virtue of which we would like to discuss on these issues of mis – maintanence by the HR&CE department of Tamil Nadu and critically analyse HR&CE ‘s role in Hindu Temples and Religious Institutions.3,038 views
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Effectiveness of International Court of Justice in the Past Two Decades
Student at Christ Deemed to be University, Pune Lavasa Campus, IndiaPages 440 - 457The International Court of Justice is the longest-running international court in existence due to its continuity with its predecessor, the Permanent Court of International Justice. As the 'World Court,' it represents a critical link between the current reality of international adjudication and its antecedent intellectual and ideological basis and institutional representation. The International Court of Justice (ICJ) is the model for international arbitration. Furthermore, as the UN's "principal judicial organ," it holds a unique position among international courts and tribunals and is part of a worldwide organization tasked with preserving international peace and security. To evaluate its efficacy, consider the nature and scope of the difficulties that the Court has encountered since 1945. The ICJ has seen enormous changes in the world and its operational scope without enduring significant structural changes. Its membership has experienced dramatic changes in terms of numbers, identities, and opinions since its establishment. These twists and turns underscore the ICJ's exceptional institutional resilience in the face of external pressures, which must be considered when assessing its performance. The upcoming chapter provides a broad overview of the ICJ's effectiveness. In Part 1, we introduce the evaluation framework used throughout the chapter, which is based on analising the Court's performance in achieving its goals. Part 2 explores the objectives of the ICJ, both explicitly stated and implied, as found in its core documents. Part 3 discusses the structural aspects of the Court that either facilitate or hinder its ability to achieve its goals. Part 4 evaluates the outcomes produced by the Court and compares them to its stated objectives. Finally, Part 5 concludes the research.4,699 views -
Transformative Potential of Right to Privacy: Rewiring the Prejudices Now and Ever
Student at Faculty of Uttaranchal University Law College Dehradun, IndiaPages 458 - 472Public opinion cannot influence jurisprudence as our constitution is a beacon of freedom. The Indian Constitution protects citizens' rights of free oration & assembly. Constitution pledges the liberty of inflection for plebeians. While Section 377 limits LGBT people's ability to express themselves freely. Both freedoms are discussed in this article, with an emphasis on the Indian constitutional framework. The junction of the constitutional text and the criminal process code enables and restricts the freedom of speech, making it a topic of particular relevance within the area of constitutional law. There are no statutory impediments on the right to congregation. Only the Apex Court's precedents & the hindrances set by the Constitution determine its nature and scope. When it comes to respecting individuals' right to privacy, the Court's rationale falls short. The Supreme Court has not weighed in on the issue of whether or not auxiliary conceptual translucence on the two freedoms is required. Neither has the Court discussed any principles that it must use as a basis for its interpretation of these liberties. Instead, the court has been conducting case-by-case evaluations and developing its own interpretations of the law based on the many groups of people who enjoy these rights and liberties. Instead of having a conversation about strikes, for example, it makes some groups of people (such as attorneys, government workers, and members of critical services regimes) exempt from participating in such actions.835 views -
Pandemic, Health Insurance, and Legal Implications: A Comprehensive Analysis of Insurance Law in India
Student at GITAM University, IndiaPages 473 - 482In the context of the Indian healthcare system, and especially in the wake of the COVID-19 epidemic, the paper "Pandemic, Health Insurance, and Legal Implications: A Comprehensive Analysis of Insurance Law in India" explores the complex terrain of health insurance. It looks at the fundamentals of health insurance, the different kinds of it, and how private insurance companies are changing in India. In order to shed light on the various ways to healthcare funding in India, the article discusses the important government health schemes, community-based efforts, employer-provided health insurance, and privately owned health insurance plans. There is also discussion of the changing role of private insurance carriers as well as the potential and problems they present. The report reveals the significant regulatory adjustments made by the Insurance Regulatory and Development Authority of India (IRDAI) in reaction to the epidemic. Standard health insurance plans, COVID-19 treatment being protected by health insurance, and the availability of telemedicine services are some of these changes. The study also highlights how important it is for health insurance to serve the poor and vulnerable segments of society in order to guarantee affordable, high-quality healthcare access. Insights into the healthcare sector's bright future are provided by addressing the larger trends in India's healthcare system, which are defined by economic liberalisation and rising health consciousness. This study offers a thorough analysis of health insurance in India, its ability to withstand the COVID-19 pandemic, and the legislative adjustments that are transforming the sector. It emphasises how vital a strong health insurance system is, as a cornerstone of India's developing healthcare system.740 views -
The Delimitation Census and Its Political Impact: A Comparative Analysis in Uttar Pradesh and Tamil Nadu
Student at Thakur Ramnarayan College of Law, Dahisar east, Mumbai, IndiaPages 483 - 497One of the most significant ways in which the delimitation census will affect Indian politics is by changing the size and composition of electoral constituencies. This can lead to the creation of new constituencies, the abolition of existing constituencies, or changes to the boundaries of existing constituencies. These changes can have a significant impact on the outcome of elections, as they can make it easier or more difficult for certain parties or candidates to win. For example, if a state is experiencing rapid population growth, the delimitation census may result in that state gaining additional seats in the Lok Sabha. This could give an advantage to the party in power in that state. Conversely, if a state is experiencing slow population growth, it may lose seats in the Lok Sabha. This could weaken the party in power in that state. The delimitation census can also affect Indian politics by changing the demographics of electoral constituencies. For example, if a constituency is becoming more urbanized, the delimitation census may result in the constituency becoming more favorable to certain parties or candidates. Conversely, if a constituency is becoming more rural, it may become more favourable to other parties or candidates. This census examines the broader implications of delimitation on governance, policymaking, and the dynamics of coalition politics in India. It examines how changes in constituency boundaries can affect the electoral strategies of political parties and the formation of alliances.1,105 views -
Risk of Statelessness in Cameroon: A Legal Appraisal
PhD student at University of Douala, CameroonPages 498 - 513Over the years, statelessness has been considered as a complicated legal issue that has devastating consequences to persons. This study examines the risk of statelessness in Cameroon. Cameroon lacks a Statelessness Determination Procedure (SDP). The Nationality Code does not provide for the determination of statelessness. The study makes use of the qualitative research methodology and the method adopted is content analysis of primary and secondary data. Conflicts such as the dispute between Cameroon and Nigeria over the Bakassi Peninsula, the Crisis in the North West and South West Regions and the Boko Haram war in the Far North of the country are the risk factors of statelessness in Cameroon. It is recommended that Cameroon should ratify the Convention on the Status of Stateless Person 1954 and the Convention on the Reduction of Statelessness 1961 so as to make the reduction of stateless persons and the protection of their rights a legal obligation.878 views -
Marital Rape and the Imperative for Criminalization of Sexual Assault within Marriage
Student at NMIMS School Of Law, Navi Mumbai, IndiaPages 514 - 522Marital rape remains a contentious issue in India, where it is not classified as a criminal offense despite international norms. This article examines the legal landscape, focusing on the exception within Section 375 of the Indian Penal Code. The exception grants husbands legal immunity for non-consensual sexual acts with their wives, raising constitutional, ethical, and human rights concerns. Arguments against the exception emphasize violations of fundamental rights, unreasonable classification, and the need for change. Recent legal developments include a split verdict by the Delhi High Court and a Karnataka High Court ruling challenging the exception's validity. The Indian government's stance defends the exception but acknowledges the need for broader deliberations. The international context highlights India's deviation from global norms, while data from the National Family Health Survey underscores the urgency of addressing the issue. This ongoing legal battle represents a pivotal moment in recognizing women's rights and autonomy within marriage and the broader struggle for gender equality and human rights in India.836 views -
Professional Misconduct
Student at Amity University Patna, IndiaPages 523 - 527In the intricate tapestry of modern professional practice, the specter of professional misconduct looms as an omnipresent and formidable challenge, transcending geographical and sectoral boundaries. This research paper embarks on an extensive exploration of professional misconduct within the overarching framework of professional ethics. It delves into the multifaceted dimensions of this pressing issue, scrutinizing its intricate definition, delving deep into the root causes, and dissecting the complex web of consequences. Furthermore, it presents a compelling set of recommendations aimed at mitigating and preventing future incidents, underscoring the significance of fostering a culture of ethical integrity within the professional sphere. The central thesis underpinning this research paper underscores the paramount importance of nurturing and upholding ethical standards in the diverse world of professions. Deviations from these standards, as explored herein, carry profound repercussions that transcend individual actions and infiltrate the fabric of organizations, professions, and society at large. The paper commences by highlighting the pivotal role of ethics in the integrity and credibility of various professions. It underscores how professional misconduct poses a significant threat to this integrity and emphasizes the significance of ethical behavior as a safeguard against the many pitfalls of professional misconduct. Drawing upon a comprehensive review of existing literature, encompassing academic research, scholarly articles, case studies, and real-world examples, this research paper undertakes a deep exploration of professional misconduct. The literature review not only defines the parameters and terminology associated with professional misconduct but also delves into existing research and theories. By weaving together these diverse sources, it successfully elucidates the multifarious facets of professional misconduct, its prevalent manifestations, and the nuanced reasons underpinning its occurrence. Furthermore, it brings attention to the noteworthy gaps and controversies within the existing literature, thus highlighting areas where further research is warranted. Within the context of this exploration, the research paper lays out its primary research objectives. These objectives include understanding the complex web of factors contributing to professional misconduct, critically analyzing the consequences that reverberate through the professional world, and proffering a set of actionable recommendations for curbing the incidence of professional misconduct. The ensuing analysis section endeavors to unravel the intricate relationships between the identified causes and consequences of professional misconduct. By dissecting these connections, the paper elucidates the profound implications of upholding ethical standards within professional spheres. It underscores the interdependence between personal values, organizational culture, external pressures, and the moral ambiguity that often culminates in ethical violations. The research paper culminates in a set of recommendations that offer practical solutions for addressing professional misconduct. These recommendations encompass a multifaceted approach, including the promotion of ethical education and training, the cultivation of a culture of integrity within organizations, and the establishment of robust reporting mechanisms. It is through these concerted efforts that the insidious grip of professional misconduct can be loosened, allowing the ethical fabric of various professions to remain untarnished and resilient in the face of adversity. In summary, this research paper is a well-structured and informative contribution to the field of professional ethics. It combines a rigorous research methodology with a robust literature review, leading to practical recommendations that have the potential to bring about positive change in the realm of professional ethics. The paper navigates the complexities of professional misconduct, bridging the gap between research and practical application, and offering valuable insights for professionals, organizations, and policymakers seeking to combat professional misconduct in today's multifaceted professional landscape.1,031 views -
Interpretation of Maxims: “Pacta Sunt Servanda”
Student at Amity University Rajasthan, Jaipur, IndiaPages 528 - 533"Honoring Commitments in International Law: Unraveling the Significance and Challenges of 'Pacta Sunt Servanda'" The phrase "Pacta sunt servanda" encapsulates a fundamental principle in international law, highlighting the crucial need to honor agreements and uphold contractual obligations. This research endeavors to explore the historical evolution, legal implications, and contemporary relevance of this maxim within the framework of international relations. It also aims to examine the challenges and exceptions that have emerged in its practical application, shedding light on the intricate dynamics of international agreements and their profound impact on the broader spectrum of global governance. By delving into key case studies and historical developments, the paper provides a comprehensive analysis of the significance of "Pacta sunt servanda" in shaping the foundation of modern international law. The abstracted study sheds light on the complexities inherent in upholding international agreements and emphasizes the need for a balanced approach that integrates the principles of justice, equity, and evolving global dynamics. Through the critical examination of historical contexts and contemporary challenges, this research contributes to a deeper understanding of the implications of the maxim "Pacta sunt servanda" and its role in ensuring stability and fostering cooperation among nations. Furthermore, it highlights the necessity for the international community to adapt to the evolving nature of global relations while upholding the principles of mutual respect and adherence to agreed-upon terms. This study ultimately underscores the pivotal role of "Pacta sunt servanda" in promoting a rules-based international order and facilitating the resolution of disputes through a framework that prioritizes mutual trust, reliability, and accountability.1,380 views -
Diminishing Humanity in India: Developing A Caste-Ridden Mindset towards People
Student at Government Law College, Thiruvananthapuram, University of Kerala, Kerala, IndiaPages 534 - 539When the Father of the Indian Constitution, Dr. Bhim Rao Ambedkar stated that even though Equality may seem a fiction, it should be accepted as a governing principle, when Dr. Shashi Tharoor stated that he doesn’t go by his caste, creed or religion, that his works speak for him, these wise words are not meant to end as titles or quotes in a research paper. India is home to over 1.4 billion Indians out of which more than 200 million are Dalits. In July 2020, a Dalit man was stripped and brutally beaten up, along with his family members in Karnataka for allegedly ‘touching the motorcycle of a dominant caste man’. According to data published by the Union of India, crimes against Dalits increased by 7% since 2019. Even after the insertion of Articles 14 and 17 in the Constitution, yet today, groups of citizens in the country are relegated in the ladder of hierarchy. This prejudiced outlook towards people from subjugated categories labelled as ‘lower castes’ i.e., caste discrimination, poses an imminent threat to the world’s largest democracy in the years to come; the need for a caste-free mindset to emerge among citizens in order to save India’s constitutional democracy before it’s too late must be recognized.1,603 views -
The Judiciary’s Canvas: Painting a Transparent Landscape through RTI
LL.M. Student at Tamil Nadu Dr Ambedkar Law University, IndiaPages 540 - 552This study delves into the pivotal role played by the judiciary in safeguarding and promoting the Right to Information (RTI) in democratic societies. The research examines landmark cases and legal precedents that have shaped the interpretation and application of RTI laws. It scrutinizes the judiciary’s contributions towards ensuring transparency, accountability, and good governance through its adjudicative functions. Additionally, the study explores the evolving dynamics between the judiciary, executive, and legislative branches concerning RTI issues. Through comprehensive analysis, this research sheds light on the judiciary’s multifaceted role in upholding citizens’ fundamental right to access information and its broader implications for democratic governance.660 views -
Marital Rape: A Crime Stranger than Fiction
Student at Aligarh Muslim University, Centre Murshidabad, IndiaPages 553 - 566Rape is not only an offence against the woman but also a serious threat to society at large. Considered as one of the most heinous crimes, rape excruciates women to the very core. When such an evil act occurs behind the facade of marriage, it not only affects the woman physically but also puts a distressing effect on her emotional and mental state. Yet not criminalizing marital rape shows the presence of a male-dominated orthodox society where a woman acquires the status of an object used only for sexual satisfaction. Rape is always a rape whether it is done by the husband of the woman or by any stranger. Thus marital exemption is in no way justifiable in our Indian society where women have all the right to live a free and dignified life. It also poses a great threat and impediment in accomplishing the objective of gender equality and justice in the country. But, unfortunately, the Indian Penal Code, 1860 refuses to acknowledge that it is a crime for a husband to rape his wife, implying that marital rape is not a crime in India. This research paper, henceforth, will primarily focus on the concept of marital rape, its evolution, theoretical bases, and its validity in light of constitutional provisions. It will also highlight the dire need for proper legislation to put an end to the menace of marital rapes. At the end of the paper, we arrive to the conclusion that it is utterly essential to declare marital rape unlawful and advocate changes to the criminal law as a model for the same.827 views -
Pages 567 - 575In recent years, the legal field has undergone a profound transformation, driven by the integration of Artificial Intelligence (AI) technologies into its core practices. This research paper explores the pivotal role of AI in reshaping contemporary legal practice through the lens of legal research. Focusing on the evolution of AI-powered tools and their impact on legal professionals, access to justice, and ethical considerations, this study sheds light on the multifaceted implications of this technological revolution.1,198 views
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Exploring Surrogacy: Ethical, Legal, and Psychological Dimensions
Student at SASTRA Deemed University, IndiaPages 576 - 586This comprehensive study delves into the multifaceted dimensions of surrogacy, examining its ethical, legal, and psychological implications. Through a meticulous review of existing literature, this research synthesizes current knowledge on surrogacy practices across diverse cultural and legal landscapes. The ethical discourse encompasses considerations of autonomy, commodification, and the rights and well-being of surrogate mothers, intended parents, and the resulting children. Legal analyses illuminate the varying regulatory frameworks governing surrogacy arrangements worldwide, addressing issues of contractual enforceability, parental rights, and potential conflicts of interest. Furthermore, this study delves into the psychological well-being of all parties involved, exploring the emotional impact of surrogacy on surrogates, intended parents, and the children born from these arrangements. Insights gleaned from this exploration aim to contribute to a more nuanced understanding of surrogacy, informing ongoing ethical debates, legal reforms, and comprehensive support frameworks for all stakeholders in this complex reproductive landscape.1,423 views -
Balancing Act: Evaluating Utility Models in IP
Assistant Professor (Law) at Maharashtra National Law University Mumbai, IndiaPages 587 - 597Utility models work independently as well as complementary to patents. It benefits SMEs and encourages sharing of knowledge. Its advantages include cost-effectiveness, faster application processing, and promotion of incremental innovations. However, it is not without limitations, such as a narrower scope of protection, reduced commercial value, weaker enforcement, and jurisdictional restrictions. This article analyses the pros and cons of the utility model system and aims to help inventors in evaluating their needs and requirements to effectively protect their innovations.610 views -
Shifting Contours of Bail Jurisprudence in Cases of Caste Atrocities in India
Assistant Professor in Law at Dr. Ambedkar Government Law College, Puducherry, IndiaPages 598 - 615The power of judicial discretion with regard to granting anticipatory bail under special legislations has always been a centre of legal discourse. It is a convenient approach to apply for bail in anticipation of arrest. But, when a special legislation prohibits the application of anticipatory bail, it creates a lot of controversy as it still remains the blurred area of the criminal justice system. However, transformative constitutionalism in India continues to attract judicial discourse in the face of different experiences of the marginalised and vulnerable sections of the society in fulfilling the constitutional ideals of right to life, liberty, equality and dignity. The scope of judicial interpretation has also been expanded in recent years on the applicability of anticipatory bail with regard to special legislation like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter 1989 Act). Simultaneously, the legislative tendency to override judicial power has also been become a focal point of academic discourse. The debate of whether the judiciary can override any absolute prohibition on the application of anticipatory bail in cases involving caste atrocities and its justification for doing so has been attempted to be resolved. Therefore, in this debate, the pertinent concerns that attract critical evaluation are, inter alia: How was anticipatory bail introduced in India’s criminal justice system? Why was granting anticipatory bail prohibited under the 1989 Act? Whether this prohibition infringes on any citizen’s constitutional rights? What is the justiciability and recent judicial trends to address anticipatory bail under the 1989 Act? The present research paper is devoted to a critical analysis of the aforementioned aspects.927 views -
Piercing the Corporate Veil and Beyond: Analyzing the Human Right Violations of Multinational Corporations and Liability of Subsidiaries
Student at BML Munjal University, Haryana, IndiaPages 616 - 632This paper looks at the complex legal relationships that exist between MNCs and their subsidiaries, primarily between the legal systems in the UK and India. The concept of subsidiaries, their legal independence, and the situations in which the parent company can be held accountable for the activities of its subsidiaries through the piercing of the corporate veil are all examined in this paper. It investigates the idea of agency in this setting and queries whether MNCs and their subsidiaries have completely separate legal identities. The study explores the intricate matter of multinational corporations' accountability for human rights breaches, mainly in the context of Indian law. It examines important Indian court rulings that have shaped the body of knowledge about parent company liability. The impact of Corporate Social Responsibility on the Indian Constitution and other relevant legal provisions on corporate responsibility for human rights abuses is also examined. The paper examines the Duty of Care test in the context of UK law, as established by precedents such as Vedanta and Okpabi v. Royal Dutch Shell. This test holds parent firms responsible for abuses of human rights that their subsidiaries may have committed. The study emphasizes the changing legal frameworks intended to ensure corporate accountability and the unique strategies adopted by India and the UK to solve these intricate legal issues. Additionally, the research paper assesses the shortcomings and disputes surrounding the Bhopal Gas Tragedy case—which included Union Carbide Corporation and its affiliate, Union Carbide India Ltd.—critically. It examines the amount of compensation given, the fact that business leaders are not held personally liable, the persistent complaints, and the lawsuits requesting more money. The piece highlights the need for additional legislative measures to achieve full corporate responsibility and, in a larger perspective, shows that penetrating the corporate veil alone may not be adequate to handle the complex difficulties faced by multinational corporations. To promote ethical business conduct, it suggests non-legal means, international collaboration through treaties, and legislative measures. In this globalized society, the paper argues for a multifaceted strategy to secure justice and responsibility in cases of human rights violations by multinational corporations (MNCs), strengthen corporate accountability, and promote ethical corporate conduct.1,152 views -
Cooperative Federalism in India: An Analysis in Light of Centre-State Relations with special reference of Covid Era
Student at Department of Law, University of North Bengal, IndiaPages 633 - 640Cooperative Federalism in India reflects an ideology of a stable relationship between the centre and the states. It allows all the governing bodies to come forward and cooperate in the matters of their common interests and national development. Though the Constitution of India does not explicitly contain the word ‘cooperative federalism,’ the various provisions of the Constitution itself implied Indian Federalism as ‘cooperative federalism.' To ensure Cooperation in a vast country like India with lots of diversity, the Constitution provided for a two-tier system of government, the Union Government and the State governments, later in 1992 the third tier of federalism was added in the form of 'Panchayats' and 'Municipalities to ensure good governance by dividing power between various units. In this regard NITI Aayog, Inter State Council, GST, Inter State Water Dispute Resolution Mechanism, Centrally Sponsored Schemes are some of the notable examples. The recent global pandemic due to covid 19 has effectively revived and strengthened the federal spirit in India. The glaring examples are imposition of nationwide lookdowns, regular meetings with the state government, handling the migrant workers crisis, vacation programs etc. Through this research article the author mainly focuses on the concept of Cooperative Federalism, its Historical Roots, Constitution provision regarding federalism with recent developments, along with obstacles in the path of Indian cooperative federalism. The author has also attempted to analyse India's cooperative federalism during covid period. Finally this article endeavours to provide some fruitful recommendations to ensure more cooperation between centre and state and effectiveness.1,215 views -
The Undertrial Prisoners in India
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 641 - 656The condition of undertrial prisoner in India is very harsh and difficult. They are often subject to physical, emotional and mental abuse by the other inmates. As per ‘national crime records bureau’ prisoners overcrowding in 2019, was the highest in the past `10 years. As per report given on 13 December 2022 out of “5 lakh 54 thousand prisoner” “4 lakh 27 thousand” of them 77% are ‘undertrial prisoner’. according, to the latest prisoner statistics of India report 2021 most undertrial in India are Dalit, Adivasi and OBC community. According, to the latest available data provided by the ‘national crime records bureau’ about 68% out of 77% undertrial prisoners were either illiterate or school dropout about 20% are Muslim while about 73% were Dalits, Tribal or OBCs. As per report given by national crimes record bureau Data on 31.12.2021 Uttar Pradesh have one of the most undertrial prisoners in India, followed by Bihar, Maharashtra, Delhi so on. Because of slow legal proceedings the ‘fundamental Rights’ of person is violated.983 views -
International Perspective with respect to Intellectual Property and Sustainable Development in the Agricultural Sector
Assistant Professor at VELS University, IndiaPages 657 - 665Intellectual property (IP) is crucial in today's environment. It is the result of someone using their knowledge and creativity to create things and reach their maximum potential through the transfer of technology. The government has implemented numerous laws and initiatives, yet despite these efforts, the agriculture industry has not expanded further. The rapid growth of population by the Food Security Information Network (FSIN), the annual report According to the report, there were merely 258 million people experiencing acute food insecurity at crisis levels or worse across 58 nations and territories. The percentage of people experiencing acute food insecurity arose from 21.3 percent in 2022 to 22.7 percent. In 2021, it is still excessively high and highlights a worsening trend in the severe food insecurity that is occurring worldwide. More work and progress will be desperately needed as the world's population grows in order to sustainably increase agricultural production, expand the global supply chain, reduce food waste and misfortune, and ensure that those who are malnourished and lacking in appetite have access to wholesome food. Many people throughout the world are cooperating to accomplish the aim of abolishing hunger in the future because they think it is achievable. International organizations and other related agencies were working to provide food security and eradicate poverty through various conventional implementations in order to confront the challenges of hunger and manage the availability of resources.681 views -
Pages 666 - 680In the recent past, Indian taxi industry has undergone tremendous changes in the way they operate; there is transformation from traditional mode of operation to that of adapting changes from the globalized world. Online taxi booking is growing at a faster phase, though it is in the nascent stage and is successful in India. New age entrepreneurs have identified new opportunities in the fragmented industry by inventing new models clubbed with technology. The onset of online cab aggregators in the market has raised many issues, which seeks to be clarified by the government. No wonder, these online cab aggregators have been so far successful in implementing the “shared economy” model, however, in the absence of appropriate regulation, it is utmost important the factors that need to be kept in mind while drafting a proper framework. Reference can be taken from different jurisdictions; however, India needs to adopt a comprehensive set of rules exclusively applicable to online cab aggregators, since the very nature of service prvided is different from ordinary taxi service providers. In the wake of the Delhi Uber Rape Case of 2015, issues concerning different realms of law need to be dwelled upon in order to prevent abuse of the privileges enjoyed by these online cab aggregators due to the present decentralized regime. There is also requirement of sound and futuristic regulatory framework which would lead to better development of the cab hiring economy. Presently, there are no clear guidelines and therefore, the present study is an analysis that highlights the various lacunae and challenges in regulating the booming market.769 views
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Effect of the Insolvency and Bankruptcy Code on Corporate Governance in India and Challenges with respect to Cross Border Insolvency
Student at Amity University Lucknow Campus, IndiaPages 681 - 692The Insolvency and Bankruptcy Code (IBC) implemented in India has brought about a transformative shift in the landscape of corporate governance. This research paper delves into the multifaceted aspects of the IBC's impact on corporate governance within the Indian context and explores the challenges that arise when dealing with cross-border insolvency cases. In the backdrop of India's historical insolvency laws, this paper examines the necessity of the IBC and its key provisions. It investigates how the IBC has enhanced insolvency resolution and creditor rights through an analysis of real-world case studies. Simultaneously, it critically assesses the challenges and criticisms that have surfaced during the IBC's implementation, providing a comprehensive overview of the successes and shortcomings of the reform. Cross-border insolvency, a complex and increasingly relevant issue in the globalized world, is explored within the Indian context. The paper elucidates the challenges and intricacies associated with managing insolvency matters that transcend international boundaries. It evaluates how the IBC addresses these issues and presents real-life examples of cross-border insolvency cases in India. Furthermore, the paper discusses the future prospects of the IBC, focusing on the potential reforms needed to address the identified challenges. It also explores the alignment of the IBC with international best practices and its comparative standing against insolvency laws in other countries. Ultimately, this research provides a holistic understanding of the effects of the IBC on corporate governance in India and the challenges posed by cross-border insolvency. It underscores the importance of continued reform, both domestically and internationally, in ensuring the effectiveness of insolvency and bankruptcy regimes1,007 views -
Assessing the Need for a Unified Adjudication Framework for Consumer Protection, Food Safety and Drugs: Perspective Bangladesh
Assistant Professor at Department of Law, Premier University, Chittagong, BangladeshPages 693 - 704Consumers play and important role in the economic chain absorbing the supplies of goods, foods, medicine, service etc. from the suppliers. In this welfare State mechanism, almost all the countries of the world had already enacted legislations for the protection of consumers. Consumer protection includes inter alia, protection relating to the rights of the consumers, food and drugs safety issues, service-related matters. In Bangladesh, we have separate laws and separate adjudication frameworks for consumer protection, food safety and Drugs. It is to be mentioned here that not all of the legislations relating to the matters mentioned above are not in execution in the fullest sense. Separate mechanisms, overriding and concurrent jurisdictions, access to justice mechanism etc, vary in those legislations indicating imbalances and inconsistencies within same subject matters. Hence, we are in need indeed of a combined and unified adjudication framework regarding consumer protection, food safety and drugs in Bangladesh. This article focuses on the need for such unified framework after finding out the loopholes in the frameworks in current legislations thereto. This article also tends to provide a suitable model of such framework.687 views -
Plain Language Movement: A Bid to Make Democracy More Accessible
Student at National Forensic Sciences University (Delhi Campus), IndiaPages 705 - 709In today’s world, where the right to information is a fundamental right protected under Article 19 of the Constitution, the flow of information has also become a much smoother and faster process. The wide reach of the internet and other means of accessing information doesn’t guarantee that everyone will know what they should know. The focus should also be on the language of the information so that everyone who reads understands its object. This article critically analyses such a movement that fosters the need for plain language in our laws and relevant legal documents to make them more accessible.901 views -
NGOs in India Only
Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, IndiaPages 710 - 719NGOs are non-profit organizations that are established with a vision by a group of like-minded people committed to the upliftment of the poor, marginalized, underprivileged, impoverished, downtrodden and needy and are closer and accessible to the target groups. An NGO is a non-profit organization that works on a non-profit basis, so it is also known and identified as a non-profit organization (NPO). The mission, vision, goals and objectives of NGOs is to improve human life and civilization. Human rights NGOs are essential to the defense of human rights because they work to stop specific cases of abuse, provide assistance, advocate for changes in legislation, contribute to its development and disseminate information. Human rights NGOs in India play a vital role in promoting and protecting the rights of individuals and communities. These organizations rely on a variety of means to sustain their operations, with donations and fundraising initiatives being critical components.713 views -
Maintenance Laws in India and Gender Inequality
Student at Symbiosis Law School, Hyderabad, IndiaPages 720 - 729This paper addresses the maintenance laws in India, including Hindu Adoptions and Maintenance Act, 1956, Muslim Women (Protection of Rights on Divorce) Act, 1986, Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936 and Section 125 of CRPC. The aim of the paper is to bring to light the gender parity in these laws and their bias towards men but also need of protection of women, as women have been oppressed and treated as mere chattel for decades, and this law was sought to even the marginalized section of society, that were women. The paper seeks to address the issue and point out that the protection of women although is necessary needs to be reformed now, and provide for a gender-neutral law. The law seeking to uplift women is starting to suppress men; the law must take into account maintenance from a purely financial aspect with certain provisions for the poorly equipped, and provide the same legislative footing to all. In the changing society where women are being more participative, the law must take that into account and adjust to today’s dynamic environment.1,223 views -
Adopting ‘Flexicurity’ in Indian Labour Market
Assistant Professor at Maharashtra National Law University, Nagpur, IndiaPages 730 - 742The term ‘flexicurity’ epitomize the evolution of labour market in Europe. In simple terms, it is a compromise between ‘flexibility’ and ‘security’ in the employment relationships. It is not a new concept in the era of globalization. It initially drew inference from the Dutch and Danish practices which combined labour market flexibility and security. The concept has been seen as beneficial where the social security system is developed along with ensuring a proper social protection and increasing the flexibility of the labor relations regulation. The need for such a policy arose owing to the conditions wherein the excluded categories, especially the unemployed, including women, require a bare minimum access to a secured work. The reason behind discussing such a concept that has its base in the European practices, is to identify whether such a blend of two opposites cater to the problem of social security in India with special emphasis on the unorganized sectors. The research has been set to analyze this European concept with reference to the Indian labour market and analyze to what extent is can it be held applicable. It would include the analysis of the theme, Flexicurity in its basic essence with respect to its origin in Europe. Thereafter, the research deals with the evaluation of the flexibility and security variables in the 19 European countries in order to understand the applicability and need of flexicurity in the countries. It also takes into considerations the drawbacks held while achieving the set aim of flexicurity. However, the main agenda would be to find whether the concept finds any relevancy with the Indian labour market and if it does, then to what extent can it be enforced in India.775 views -
Rights of Senior Citizen
Student at SASTRA University, IndiaPages 743 - 750Oldage is an indispensable stage of life of a human being which a man cannot refute except untimely death. The childhood and oldage are natural reliant conditions of life where children depend on parents and vice-versa. The concept of nuclear family affected this usual cycle resulting in misbalance of the normal life of elderly people by defeating thousand years old practice of India where parents are treated as a pious form of God. Nowadays, the parents are becoming burdensome for their child whenever they lost their strength to work and earn. Available legal, social, moral and governmental norms are analyzed in this research paper to find out the possible ways by which elderly people’s human rights are infringed and they bound to suffer pain and agony. This research paper also reflects the available laws, policies and guidelines for the protection of the rights of oldage person in India.581 views -
A Critical Study on the Impact of Caste Discrimination in India
Student at Saveetha School of Law, Saveetha Institute of Medical Technical And Sciences(SIMATS), Chennai, IndiaPages 751 - 765Caste discrimination is a politicised and sensitive issue in India. The Indian society is divided based on the various sects and classes. This is because of the caste system which is present in the country. The roots of the caste system arise from the ancient Vedas dividing people on the basis of Varna or occupation. It has brought many evils in society. The discrimination was taking place more in workplace, schools and any other educational institutions. The object of the research to analyse the caste discrimination system in India, to know about the factors causing caste discrimination, to know about the rights of dalits and to know about the ways to reduce caste discrimination in India. The research has followed empirical research. A total of 200 samples has been taken out of the through convenient sampling. The independent variables are name, age, gender, education, income and occupation qualification. The dependent variable are caste discrimination is still prevalent in India, caste discrimination affects the society, caste discrimination higher in rural areas than urban areas, causes for caste discrimination and ways to reduce caste discrimination in society. The statistical tool used by the researcher is Graphical representation, pie chart and percentage.918 views -
Judicial Review of Administrative Action: A Comparative Study of India and Australia
LL.M Student at The ICFAI University, Dehradun, IndiaPages 766 - 774The fundamental principle underlying judicial review in India is the primacy of the rule of law. The court has the authority to scrutinize the activities undertaken by the legislative, executive, and judicial branches. The court has a significant tool to declare any statute or order that contradicts the fundamental law of the nation as unconstitutional and unenforceable. The present study will focus on the examination of the Apex Court has created several theories via the exercise of judicial review. One such theory is the theory of Severability. The Doctrine of Eclipse and the Doctrine of Prospective Over-ruling are two legal principles that are often discussed in academic circles. Furthermore, this article focuses on the topic of Judicial Review and the discussion pertains to three key aspects of constitutional governance: constitutional amendments, judicial review of legislative actions, and judicial review of administrative actions. This article will examine the position of judicial review in India & Australia. An examination of the significant jurisprudential advancements in India and Australia is essential for gaining a comprehensive understanding of the practice of judicial review in these respective nations. The analysis next examines the observed parallels and variances, enhancing our comprehension of the concept of Judicial review in a broader context. The comparison demonstrates the adaptable characteristics that are responsive to elements of the constitutional structure and diverse local circumstances, all while safeguarding essential institutional functions from external disruptions. Constitutional democracy was characterized by the notion of "Parliamentary Sovereignty" as its dominant feature. The term "Parliament" refers to a legislative body that is responsible for making laws and the concept of parliamentary supremacy in the United Kingdom encompasses the expression of popular sovereignty, with the judiciary being precluded from subjecting parliamentary acts to scrutiny. The Parliament restricts the extent of judicial review to major legislation, with only a limited number of exceptions pertaining to human rights and associated matters.1,268 views -
Love Unchained: India’s Quest for Same-Sex Marriage Equality
Student at SASTRA Deemed University, IndiaPages 775 - 783While India’s Supreme Court recently declined to legalize same-sex marriages, there are rays of hope amid the complex and somewhat disappointing decision. This ruling followed extensive hearings and the consideration of 21 petitions by same-sex couples and activists, a case that had raised expectations for a historic shift toward marriage equality. Rather than immediately granting legal recognition to same-sex unions, the court opted to accept the government’s proposal to establish a committee. This committee will explore extending legal rights and benefits to same-sex couples, signaling a willingness to engage with the issue. The petitioners had passionately argued that the denial of marriage rights violated their constitutional guarantees, rendering them “second-class citizens.” Their proposed solution was seemingly straightforward: amending the Special Marriage Act to make it inclusive of same-sex unions.833 views -
The Exordium of Marine Pollution in India & it’s Laws
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, IndiaPages 784 - 793Marine pollution is a significant global issue that affects both India and the rest of the world. It involves the contamination of marine ecosystems, including oceans, seas, and coastal areas, due to human activities. The major sources of marine pollution include industrial discharges, untreated sewage, agricultural runoff, oil spills, plastic waste, and ship-generated waste. In India, several laws and regulations address the issue of marine pollution and aim to protect the country's coastal and marine environments. By delving into the sources, impacts, and consequences of marine pollution, this paper seeks to raise awareness about the critical state of India's coastal and marine ecosystems. The author aims to shed light on the various legal frameworks in place, including the Water (Prevention and Control of Pollution) Act, the Coastal Regulation Zone (CRZ) Notification, and the National Green Tribunal (NGT) Act, among others, which are instrumental in safeguarding India's marine environments. The author intends to emphasize the significance of stringent environmental regulations, effective enforcement mechanisms, and concerted efforts in combatting marine pollution and preserving the invaluable marine biodiversity for current and future generations.757 views -
Cyber Frauds: A Growing Threat to Indian Banking Sector & Preventive Strategies
Assistant Professor of Law (Senior Scale) at Campus Law Centre, Faculty of Law, University of Delhi, IndiaPages 794 - 808The most dramatic revolution in payment methods in the past few decades has, undoubtedly, ben the plastic card and online banking services. The online banking services and card payment vehicle of convenience, which provides its users with multifarious benefits. The online banking fraud become one of the major challenges for today’s banking system in India. Its involves the illegal banking activities such as fraudulent transfer fund, data theft, hacking and phishing etc. Online Banking Fraud is a fraud or theft committed using online technology to illegally remove money from a bank account and/or transfer money to an account in a different bank. Indian cyber space has witnessed significant rise in cyber-attacks/ fraud, massive probing and targeted attacks on IT assets are being witnessed. The Indian cyberspace is also being used to host Command and Control Servers in the data centres. Attempts have been noticed to attacks telecom infrastructure particularly, the routers and DNS. There have been cyber-attacks on the Government, public sector, banks, private sector IT infrastructure like website defacements, intrusions, network probing, and targeted attacks to steal some information, identity theft (phishing) and disruption of services. With the coming of new Information and Communication Technology and Internet and their growing misuse side by side, scenario has been totally changed. One hand new technologies have facilitated the commission of old crimes by the bed element and at the same time crimes have originated commonly called as cybercrimes. It is important to note that cybercrime is very easy to commit with little resources but damage caused could be very huge. Because of internet bad elements are getting better network and hence facilitating cybercrime. The use of a computer to carry out any conventional criminal act, such as fraud, is called cybercrime and is a growing means. Cybercrime is growing so rapidly, in fact that the federal government has created a handful of agencies to deal with computer related crimes. The paper is focused to study and highlights the types and behaviours of Online banking frauds that take place in our banking systems.1,092 views -
Classification of Administration Law
Student at Thakur Ramnarayan College of Law, Mumbai, Maharashtra, IndiaPages 809 - 821The legislative, executive, and judicial branches make up the three parts of the government. Laws are made by the legislative, put into effect by the executive branch, and then interpreted by the judiciary. The legislature has the power to enact laws, and while doing so, the laws also grant the ability to establish new judicial and executive branches. These organizations function under the ministries that create the relevant laws. If necessary, they can create rules and regulations to carry out the laws, which gives the administrative branch the legislative, or the ability to make laws. This gives rise to confusion and an imbalance of authority between the three organs. Additionally, there may be a propensity for citizens' private rights to be compromised and infringed upon. If the public administration wing is granted full legislative and judicial authority, it could be abused by the government's administrative branch. The concept of administrative law is put forth in order to prevent power disparities and to maintain control over governmental authority. The law that controls the authority, functions, and tasks of public authorities is known as administrative law. It gives the administrative bodies a legal foundation. It researches and regulates the laws that are created by the government. This article will teach us about this law's definitions, history, sources, and categorization.1,045 views -
Pages 822 - 835Gender-Based Violence is a big issue that nations all around the world are dealing with. It is a widespread and serious problem, with both men and women experiencing various forms of violence, harassment, and discrimination in both the private and public arenas. Gender-based violence prevention is a major challenge that our country faces. Even if there are various Constitutional provisions and legislation adopted by our legislators based on those principles, gender-based violence persists in all corners of our country. The United Nations High Commissioner for Refugees defines GBV as “Harmful acts directed at an individual based on their gender,” and says “It is rooted in gender inequality, the abuse of power and harmful norms and is a serious violation of human rights and a life-threatening health and protection issue.” Such acts can be of a physical, sexual, psychological, and/or economic nature. This paper begins with an introduction to gender-based discrimination and violence, shedding light on the historical and current state of affairs. It goes on to detail the various types of abuses that persons suffer, whether physically, emotionally, intellectually, or verbally, which leads to an increase in the number of crimes in society and how it affects the accused. This research seeks to demonstrate that violence is experienced by people of all genders. As we go closer to the study article's approach, this paper discusses discrimination and violence in various religions, including such judgments. The article then goes on to explore the constitutional protections against gender-based violence and the gaps in our constitution that are equally culpable for such crimes and are increasing in number, which also affects gender equality before the law.1,074 views
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Election Commission of India: A Constitutional Body
Assistant Professor at The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 836 - 845India is a Socialist, Secular, Democratic Republic and the largest democracy in the World. The modern Indian nation state came into existence on 15th of August 1947. Since then, free and fair elections have been held at regular intervals as per the principles enshrined in the Constitution, Electoral Laws and System. The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India. This paper is an attempt to explore the democratic role played by the election commission of India by explaining the organisational set up, powers and functions.1,120 views -
Navigating the Legal Labyrinth: A Case Study of Name Change Challenges faced by an Individual in India
Student in IndiaPages 846 - 856This research paper, presents an in-depth analysis of the intricate hurdles encountered by an individual in India during their quest to change their name TOM to JERRY. Through a comprehensive case study, it illuminates the real-life journey of a person grappling with the multifaceted legal, social, and personal implications of altering their name within the Indian context. The study initiates by meticulously dissecting the legal framework and bureaucratic intricacies governing name changes in India, illuminating the complex maze of administrative offices and legal procedures that the individual navigated in their pursuit of a new identity. By documenting the case study, it provides valuable insights into the practical challenges and setbacks encountered in this legal transformation. The study commences by dissecting the prevailing legal framework and administrative intricacies governing name changes in India. It highlights the labyrinthine and time-consuming procedures, where individuals must navigate a complex network of bureaucratic offices, resulting in protracted delays and uncertainty. The case study provides a first-hand account of these legal challenges, offering valuable insights into the practical difficulties faced. The study sheds light on the personal and psychological toll that navigating these social challenges can take. In conclusion, this research underscores the urgent need for reform and simplification of the legal and administrative procedures surrounding name changes in India. It advocates for a more compassionate and efficient approach that respects individual rights and the broader implications on personal identity and societal acceptance. By using a real-life case study as a lens to understand the complexities and challenges faced, this paper offers a valuable resource for individuals, legal practitioners, and policymakers seeking to address and alleviate the hurdles associated with changing one's name in India.886 views -
Recourse against Arbitral Award
Student at Lloyd Law College, Greater Noida, IndiaPages 857 - 861In arbitration, a form of alternative conflict resolution, parties present their disagreements to an impartial third-party arbitrator for a legally enforceable conclusion. Recourse to an arbitrator's award refers to the options available to a party if the party is dissatisfied with the arbitrator's decision. This research aims to examine the various forms of recourse available to parties in the event of an adverse arbitration award. We offer a wide variety of remedies available. The research paper concludes by emphasizing the importance of careful concertation.947 views -
Pages 862 - 888This article explores the essential role of standards and standardization in the global context. Every year October 14th, Standards Day commemorates the work of Standards Development Organizations, which forge common ground in our diverse global marketplace. Standards are the cornerstone of product consistency, interconnectivity, and universal understanding. The paper delves into the history and development of standards, spotlighting organizations like the IEC and ISO that paved the way for seamless global trade. National standards bodies also play a vital role in setting industry benchmarks, certifying products, and representing their countries in international contexts. Standards act as the world's common language, fostering interchangeability, compatibility, and technology transfer. They break down trade barriers by harmonizing requirements and improving global communication through standardized signage and protocols. These standards benefit consumers, businesses, governments, and society by ensuring quality, safety, and environmental protection. Despite challenges in some domains, the role of standards in facilitating international business and projecting a global image remains paramount in our increasingly interconnected world.848 views
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Pages 889 - 902This study explores the phenomenon of Base Erosion and Profit Shifting (BEPS) within the framework of Tanzanian taxation. It places a specific focus on the intricate Two-Pillar Solution proposed by the OECD to tackle BEPS-related challenges. The analysis encompasses an in-depth investigation of BEPS itself and a thorough examination of the OECD's Two-Pillar Solution, which encompasses the novel nexus and profit allocation rules under Pillar One and the proposition of a minimum global tax under Pillar Two. Furthermore, the study delves into the evolving global trend toward multilateralism in the realm of international taxation. The research concludes by presenting recommended solutions and offering insights into the future landscape of BEPS-related issues, while also providing valuable observations on the subject matter. This paper adopts a doctrinal approach and draws upon primary and secondary sources of literature, including Tanzanian tax laws, OECD guidelines, and other international principles. It is expected to be a valuable resource for policymakers, academics, think tanks, the academic community, tax departments, international trade entities, digital taxation stakeholders, online businesses, and the judiciary, facilitating a deeper understanding of BEPS and its implications.765 views
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The Politics of Selection and Omission of Sources in the Biopic Zubeida
Research Scholar at Department of English, University of Mysore, IndiaPages 903 - 908Khalid Mohamed, a journalist turns a screenplay writer on the insistence of Shyam Benegal to write the story of his real-life mother Zubeida. Zubeida aspires to be an actress. Her father arranges her marriage which ends with talaq. She leaves her son to live with a Hindu prince. Both die in an air crash. Riyaz, the reel Khalid who also happens to be a celluloid journalist-son, unfolds Zubeida's life based on the archives and accounts that were hidden, available, and explored. He chooses to reconstruct and understand his mother in the process as he had never seen her. An attempt is made to condone her violations of patriarchal norms, gender roles, religious sanctions, and social conventions. The myth of mystifying and victimizing transgressor-Muslim-women is reinforced through the biopic. The blame is placed on Zubeida and the uncontrollable forces for her denouement.946 views -
UCC in Personal Laws: A Progressive Step Towards Equality in India
Student at School of Law, Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 909 - 918India is a secular nation and does not formally support any one religion. However, the issue of personal laws covering things like marriage, divorce, adoption, and inheritance remains a persistent legal conundrum. These regulations have their origins in the many different religious convictions and regional customs that exist today. The extensive disparity that exists in Indian society as a result of the implementation of these personal rules is the main focus of this research study. It explores how the adoption of a Uniform Civil Code (UCC) may significantly reduce these differences, ensuring that the core idea of "equality before the law" is preserved consistently throughout India. This research paper also focuses on the benefits of the implementation of UCC in the society and the major challenges that are faced while implementing the UCC in India. This research paper also focuses on comparative study between India and other countries that had implemented UCC in personal laws.632 views -
Pages 919 - 931The formulation of research problems is a cornerstone of reflective thinking in scientific inquiry. This process transforms issues into clear questions, laying the groundwork for research and guiding researchers in contributing to knowledge. Originating from "Proballein," research problems embody an inquisitive approach, motivating investigation. To qualify as research problems, they must meet criteria like significance, relevance, practicality, and originality. Identifying problems leads to focused research directions, while literature review offers context. Problems arise from various sources, like personal experiences, real-world issues, or gaps in prior research. Selecting problems involves factors such as creativity, objectives, and societal relevance. Formulating research problems is a compass that fosters curiosity and collective enlightenment, even in resource-limited times.899 views
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A Study on Marital Rape in India
Assistant Professor at VELS School of Law, VELS Institute of Science and Technology and Advanced Studies, Chennai, IndiaPages 932 - 942Sexual violence is defined as the act of exposing someone to a sexual behaviour without one’s consent. It includes a large spectrum of behaviours from touching to raping. The majority of the victims are women. Rape is the act of having sexual intercourse with a person without his/her consent. The concept of marital rape has been overlooked for years because of the ideology that promotes men have the right to treat their wives as they wish and the wife must provide her husband with all his needs. Today with the changes and developments in the concepts of marriage, the increase in the awareness of the society and the understanding of the notion of violence against women; it has been understood that sexual intercourse should be mutually desired by both parties of the married couple. Otherwise it should be considered as sexual assault/violence.The aim of the article is to review the medical, social and legal aspects of marital rape, to present the current situation about marital rape both in Turkey and in the rest of the world, also to discuss how it could be prevented.Marital rape is more widely experienced by women, though not exclusively. Marital rape is often a chronic form of violence for the victim which takes place within abusive relations. It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways. The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male and female sexuality, and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world. These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgment of the woman's right to self-determination of all matters relating to her body, and the withdrawal of the exemption or defense of marital rape.671 views -
Rape Culture in India
Student at Thakur Ramanarayan College of Law, Mumbai University, IndiaPages 943 - 960The Indian culture of rape. This article looks at the different cultural, societal, and economic aspects that lead to the high rate of sexual assault and rape against women in India. This study draws upon a variety of data sources and sources, such as scholarly investigations, official documents, press stories, and social media patterns. According to the report, the primary reasons of India's rape culture are gender-based violence and patriarchal society. It emphasizes the necessity of stringent law enforcement, legal reforms, and public awareness initiatives in order to successfully address this issue. The influence of contemporary social movements like #MeToo and #TimesUp on the public conversation around rape culture in India is also examined in this study. The study report comes to the conclusion that while there has been significant advancement in the fight against Considering India's rape culture, more work has to be done to establish a just and safe society. more parity amongst women. In order to combat the culture of rape in India, the article makes some suggestions for how people, civil society groups, and legislators could collaborate.1,171 views -
Transmogrifying the Frontiers of Aviation with AI; The Imperative for Efficient Regulation in the Age of Machine Learning
Student at Government Law College, Thrissur, IndiaPages 961 - 969“Artificial intelligence is a tool to help humanity. We need to be responsible about how we use it." says Satya Nadella, CEO of Microsoft”. The perpetually evolving aviation industry has increasingly employed Artificial Intelligence (AI) with an objective of enhancing efficiency, safety, and passenger experience, the complexity and autonomy of AI systems have raised concerns regarding their regulation and safety. To explore the future of AI in aviation and the need for effective regulation, this essay seeks to analyze the likely increase in the use of AI in aviation sector, including predictive maintenance and air traffic control, and the significant potential of autonomous drones to revolutionize the industry. However, as AI systems become more complex and autonomous, the associated risks become more pronounced, such as the potential for significant public safety threats if autonomous drones malfunction. Consequently, given the outdated nature of current regulations and their failure to consider the unique risks linked with AI systems, the establishment of tailored regulations for AI in aviation is essential to ensure public and passenger safety. To achieve this, effective regulation of AI in aviation will necessitate a collaborative effort among industry stakeholders, government regulators, and the research community. Industry stakeholders must ensure transparency with regulators in the development and use of AI systems to develop safety standards and testing protocols, and regulators must liaise closely with the research community to remain updated on developments in the sector and maintain updated regulations that reflect new risks and challenges. As AI's potential for transforming the aviation industry is immense, it must be accompanied by effective regulation to safeguard safety and public trust, and achieving this will require collaboration among industry stakeholders, regulators, and the research community to develop effective regulation that balances innovation and safety.914 views -
Empowerment through Law: Tracing India’s Journey and the Evolution of Judicial thought
Student at His Highness Maharajas Government Law College, Ernakulam, IndiaPages 970 - 976This article explores the progress of gender equality in India and how the judicial system has played a role in empowering women through laws. It begins by acknowledging the tendency to marginalise women in socio-legal matters and then highlights the rise of feminism as a movement advocating for social, economic and political gender parity. During the independence era, feminism emerged in India with initiatives aimed at abolishing harmful practices like sati and promoting widow remarriage. The article delves into actions taken during this time such as the Bengal Sati Regulation Act and the Hindu Widow Remarriage Act. After gaining independence, India's constitution laid a foundation for gender equality through Articles 14, 15 and 16. These articles promote non-discrimination and have special provisions for the betterment of women in society. The article also spotlights landmark court cases that challenged gender disparities, including Mohd. Ahmed Khan v Shah Bano Begum, Vishaka v. State of Rajasthan and Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty. The article further discusses the development of abortion laws in India influenced by precedents like the Roe v. Wade case, which emphasized women's right to reproductive autonomy. Lastly, the article sheds light on efforts done by Indian judiciary to address gender stereotypes present in legal terminology and decision-making processes. A guidebook presented by the Chief Justice of India promotes the dispensation of justice and the removal of indecent legal language. To sum up, this article highlights the role played by the judiciary in shaping societal norms and values, fostering inclusiveness, fairness and a compassionate community. Further, it shed light to how these endeavors impact constitutionalism and contribute to advancing gender equality.846 views -
An Overview of the Interplay between Intellectual Property and Media Laws
Student at Marathwada Mitra Mandal's Shankarrao Chavan Law College, Pune, IndiaPages 977 - 985The diverse framework of Intellectual property rights (IPR) serves to protect the products of human ingenuity and innovation. These rights serve as the cornerstone for safeguarding concepts, inventions, and artistic expressions, giving innovators, authors, and creators the crucial legal tools, they need to retain ownership of their works. The field of intellectual property has a vast ambit including trademarks, patents, copyrights, geographical indications and industrial designs. Not only does Intellectual property have a broad ambit, but it also overlaps on other laws viz. media law, technology law and contract law. The interplay between Intellectual property and media laws is significant in with the rapid advancements in media creation, distribution and consumption. The authors aim at shedding light on the interplay of Intellectual property and media laws.701 views -
Capacity of Male and Female to Adopt
Student at SASTRA University, IndiaPages 986 - 993This article discusses in depth about the analysis of capacity of a male and female to adopt and evolution of the law in adoption. Adoption in general is referred to as the legal process of becoming a non – biological parent, this transfers all the rights of a child from the biological parents to adoptive parents. In Hindu law, section 7 and 8 of The Hindu adoption and maintenance act, 1956 states about the capacity of a male and female to adopt. The legal rights of adoption took continuum changes. There were traditional practices carried out for adoption in Hindu law. This article also talks about a comparative analysis about adoption in Hindu, Muslim and Christian law.1,167 views -
Reversing the Myth: Male Coach behind the Success of Female Athletes in Dangal
Research Scholar at Department of English, University of Mysore, Mysore, IndiaPages 994 - 999"Dangal" serves as a biographical portrayal of real-life female athletes Geetha Phogat and Babitha Phogat, ostensibly designed to raise awareness about gender equality and inequality. Mahavir Phogat, driven by a mission to secure a gold medal for the country, compels his daughters into submission. This analysis critically examines the film's depiction of a father's ambition to mold his daughters into world-class athletes. The narrative attributes the success of the women to the father's selfless efforts, highlighting how the male mentor, coach, nation, and filmmakers benefit from the achievements of the female athletes. Key themes include Dangal, biopic, women wrestlers, women athletes, Haryana, myth, women empowerment, subjugation, and gender discrimination.824 views -
Child Custody
Student in IndiaPages 1000 - 1009The Researcher has been interested in researching about child custody since it has been facing challenges since it’s evaluation, types, considering the welfare and interest of child and also about it’s legal provisions. As per the custody of child in Indian law, interest and welfare of the child is one of the basic elements for a parent to maintain the child under his/her custody. By protecting the child’s interest and welfare, safety and protection of child is ensured. Basically, The provision of Hindu Minority and Guardianship act, amended a law where In case of minor boy or unmarried girl, the father shall be responsible for custody of child. The Mother shall be responsible in case the child is below the age of 5 years. Even though the meaning of the term custody is not mentioned in Indian law it basically means Guardianship which is defined by Guardian and Wards Act,1890. Further, the Researcher would enhance knowledge about the custody of child In case of dissolution of marriage or Judicial seperation, In case of custody of Minor child, In case of legitimate child, In case of Illegitimate child and Adopted children The Researcher wants to critically analyse it’s origin, types, legal proceedings and it’s case law to get a clear view about child custody in Indian law.777 views -
The Bond of Marriage in the New Era: With special Emphasis on Live-In Together Relationship
Student at SASTRA Deemed University, IndiaPages 1010 - 1018Marriage, an ancient institution, has undergone significant transformations over time. From the unconventional "complex marriage" experiments in the 19th-century Oneida Community to modern shifts in perspectives, the concept of marriage has evolved. Presently, live-in relationships have emerged as an alternative to traditional matrimony, offering a departure from the conventional expectations of marriage. The growing trend of cohabitation, particularly among urban youth, reflects a societal shift towards more flexible relationship structures. Legal systems are increasingly acknowledging and legitimising the rights of cohabiting couples, mirroring changing societal norms. While the legal status of live-in partnerships differs from traditional marriage, it does provide certain protections. The younger generation perceives marriage differently, often considering it as a potential obstacle to a liberated life. A questionnaire-based study involving 100 respondents aged 18 to 25, mainly students and recent graduates, explores the evolving attitudes of youth towards live-in relationships and marriage, shedding light on changing societal trends and individual preferences. This research study explores changing perspectives on marriage and relationships, with a specific focus on the legal landscape in France. In 1999, the French Parliament passed a groundbreaking law that provided legal recognition to unmarried couples, irrespective of their sexual orientation. It delves into the impact of legal recognition and customizable agreements on the choices and attitudes of couples in France, shedding light on the evolving landscape of relationship structures in the country. We have the obligation to save and redeem the falling institution of marriage and to answer the dynamic demands of the evolving society.758 views -
Surrogacy and Indian Laws: Exploring Surrogacy and Reproductive Technologies and their Indian Legal Implications
Student at Sastra University, IndiaPages 1019 - 1031Surrogacy, a practice wherein a woman carries a pregnancy for another individual or couple, has gained prominence as a viable reproductive option worldwide. The Surrogacy Regulation Act, 2020 would limit the choice of surrogacy for many. Surrogacy in India has had its own journey from India becoming popular as a surrogacy hub since 2002. For all those couples who would not have been able to bear children on their own, surrogacy is a crucial medical service. It's important to strike a balance between regulating surrogacy to prevent exploitation and ensuring that individuals or couples who genuinely need surrogacy as a reproductive option can access it without undue restrictions. If sensitive concerns related to surrogacy are adequately addressed by carefully crafted legislation that protect the rights of surrogate moms, intended parents, and children born through surrogacy, then surrogacy could be conducted in harmony. As assisted reproductive technologies gain prominence in India, the need for surrogacy laws becomes pivotal. The evolving landscape of family-building options demands clear regulations to address ethical, social, and legal complexities. Establishing a comprehensive legal framework is essential to safeguard the interests of all stakeholders and foster responsible, transparent surrogacy practices. In India, surrogacy has emerged as a significant industry due to its cost-effective nature and relatively lax regulations. This paper will explore the legal aspect of surrogacy in India, highlighting the complexities and challenges associated with this practice. Including the legal implications of surrogacy arrangements and issues related to parental rights, surrogacy contracts and welfare of the child.601 views -
India’s Denial of Torture and Non-Ratification of the UN Convention against Torture
Student at NMIMS, Navi Mumbai, IndiaPages 1032 - 1040This research paper delves into the complex issues surrounding India's non-ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The paper examines India's reasons for not ratifying the Convention, emphasizing concerns about sovereignty and the impact on domestic laws. It scrutinizes the notorious Armed Forces (Special Powers) Act (AFSPA) and its implications for human rights, emphasizing the need for accountability and reform. The paper also explores the international perspective on India's stance, highlighting the criticism and recommendations from various international organizations and human rights bodies. India's failure to ratify the Convention, despite being a prominent democracy and a member of the UN Human Rights Council, is underscored as a significant concern. In conclusion, the research paper sheds light on the urgency of addressing issues related to torture, non-ratification of international conventions, and the need for stronger anti-torture legislation in India, providing recommendations for a way forward.1,184 views -
Transgender Discrimination in Society
Student in IndiaPages 1041 - 1044As discrimination of human being to that basic variation and utility to our nation and personal assumption to due, so privacy under Indian Constitution Article 21 transgender people in India have been in the under limelight ever since the supreme court officially granted then the “Third gender” category on April 15 if the ruling is successfully implemented India will have trans gendered people studying in mainstream school, getting college degrees, working regular jobs and hopefully living wherever they choose to without the fear of being harassed. the research project is to how the transgender people were discriminated in society. By birth a chromosome changes leads a transgender people facing lots of discrimination had been seen in this research paper.837 views -
Pages 1045 - 1055This article elucidates Judicial legislation, and its purpose and classifies it in the Indian context into Interpretation and Intervention. It traces the origins of judge-made law in India from the common law system and deals with the provisions of the Indian Constitution on Judicial law. Further, it distinguishes various types of judicial law-making by different constitutional courts discusses various issues around Judicial legislation, and considers different arguments on this. Then from a comparative aspect, the author reviews the U.S.A's functioning and analyses the different working approaches to Judicial legislation and the idea of separation of powers. Finally, the author concludes by evaluating the legitimacy of Judicial Legislation, and different approaches to balance judicial legislation with other institutions of the state.889 views
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Pages 1056 - 1061This article reflected upon dispute settlement mechanism of World Trade Organisation and its significance in international trading. It starts with a brief introduction that states structure of WTO and the objective of WTO. It also describes what is the legal body prior to the WTO for resolving trade disputes and the. The article than provides a historical background of Dispute settlement mechanism of WTO and how Dispute Settlement Understanding will come into force. It also provides information regarding article XVIII of GATT 1947 and Uruguay round negotiation and summarizes the dispute settlement body and powers of DSB. The article also describes various methods of disputes settlement that are adopted by the WTO like consultation, mediation, panel proceedings and appellate body procedures. It also states how India become the part of WTO dispute settlement and what challenges faced by the WTO in resolving trade disputes. Conclusion and suggestions include there should be some openness in negotiations proceedings and there should be some judicial body for timely resolving trade disputes and there must be some provisions regarding assistance of legal competence for preserving the rights of the developing countries.970 views
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Women Rights in India
Student at SASTRA Deemed to be University, IndiaPages 1062 - 1070The study shall briefly analyse the track of women rights under the various family laws in force in India, post and pre independence. The article will encompass a summary of Hindu, Christian & Mohammedan laws which are advantageous & disadvantageous to women & their rights including: property, succession , unilateral divorce & pay of alimony. It will also highlight the rights of daughters & widows where inheritance is concerned. The conclusion will detail the possibility of UCC serving greater rights to women. I chose this topic, as I strongly believe that gender equality and the empowerment of women and girls is not just a goal in itself, but a key to sustainable development, economic growth and peace and security .Protecting women’s rights makes the world a better place.808 views -
Freedom of Speech and Expression: Scope of Article 19(1) (a) in the Constitutional Framework and Reasonable Restrictions
Assistant Professor at Babu Banarasi Das University, IndiaPages 1071 - 1082Freedom of Speech and Expression always had a great instrumental value in promoting truth and social values, it is not only quintessential for maintaining democracy as it helps in facilitating the exchange of diverse opinions, but it is also associated with the liberty of an individual and very closely to ‘appeal to reason’, thus making it the most basic human birth right. Framers of our constitution treasured this ideology and thus incorporated it in our constitution and preamble as well. Not only India but all the other nations have admitted the significance of free speech and have adopted it by incorporating it their legal justice system. History has taught us that absolute power corrupts, that’s why this fundamental right is also not left absolute, but is subjected to certain ‘reasonable restrictions’ like: sovereignty and integrity of nation, security of state and friendly relation with foreign state, public order, decency, morality and other restrictions mentioned in Art.19(2) of the Constitution. Indian Courts have also been from time to time engaged in justifying the restrictions which this right is subjected to. This Article opens with the analysis of freedom of speech & expression in a democratic society and the ‘reasonableness of the restrictions’ imposed on it under the Indian Constitution & other nation’s legal system, further various case laws are also enumerated which explained the judicial interpretation of Article 19(1) (a) & 19(2) along with a dialogue on free speech in international legal regime. Finally, the Article is concluded with my understanding on how the scope of freedom of speech and expression has significantly increased over the years by adding ‘right to information’ and ‘freedom of press’ in it and how the ‘pitfalls’ like lack of provisions related to individual privacy, no specific definition for morality/decency, abuse of free speech on internet and unethical media hindrance are serious concern for our current legal framework.2,311 views -
Pages 1083 - 1103The fundamentals that maximise the growth opportunities, advocate and aggravate profits while incurring expenditures made by the government fulfilling overall needs and demands of the country are called canons . Canon of Elasticity, Canon of Economy, Canon of Sanction, Canon of Equitable distribution, Canon of Benefit, Canon of Productivity, Canon of Surplus, Canon of Certainty, Canon of Coordination, Canon of Neutrality are namely some of the various canons of public expenditure which we would we discussing in our research paper which provide for the welfare of the country. These principles escalate the economic growth of a country and promotes job opportunities. It plays a vital role in poverty eradication and equal distribution of income among citizens of India . The Objective of this article is to emphasise on how these canons for public expenditure are applied and what assertive and adverse effects it has on the economical viewpoint of India. The article also analyses the financial budget of India for the year 2023-2024 in detail. The paper deals with the application and impact of use of canons of public expenditure in the budget 2023-24 and in what way it is benefitting the people of India.1,027 views
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Analysing the Challenges of Women Reservation
Student at Bharath Institute of Law, Chennai, IndiaPages 1104 - 1115The purpose of this paper is to establish the idea about the Women Reservation Bill, 2023. This paper focus on the barriers and struggles faced by the women from the history. There are several challenges faced while enacting this Women Reservation Bill, 2023. The Delimitation, lack of population census, caste wise census etc.. were dealt in this paper. This paper also focus on the needs and challenges faced by the government in the future. The major amendment made in the constitution is a crucial part of this paper . Several Judical decision were also been discussed in this paper. The rights and reservation for women has to be provided at the earliest as mentioned in our constitution.864 views -
Unravelling the Indian Conception of Secularism: An Analytical Study regarding the Theory and Practice of Secularism in India
Student at Department of Law, University of North Bengal, IndiaPages 1116 - 1132It is evident that the concept of secularism has important and significant place in the subject matter like political science and constitutional law. Since the term secular was not added in the original text of the Constitution of India drafted by the Constituent Assembly, the essence of secularism has always been practised in India. Today, in the light of experiencing division of the citizen among different religious group across the country, a debate on secularism appears to be extremely important. It should be noted that the concept of secularism has different meaning in different countries. For instance, in many western countries the secularism is understood as a separation of state from the church. On the other hand, in the United Kingdom, secularism is viewed as religious tolerance. By safeguarding countrywide harmony, unity and dignity, the concept of secularism is integrated into the advancement of democracy. The constitution of India clearly declares that India is a secular country. For instance, under part III of the constitution, Article 14 safeguards equality before law, Article 15 deals with the prohibition of discrimination on the ground of religion, race, caste, sex and place of birth. Article 16 ensures equality of opportunities in matters of public employment. Further, Article 25-28 of the Constitution guarantees the right to freedom of religion to both citizens as well as non-citizens. Even, secularism is considered to be the basic structure of the Constitution. India’s religious diversity is widely famous all over the world. This research article mainly focuses on the origin and nature of secularism, opinion of some eminent persons regarding secularism. The author has also attempted to discuss the secular provisions enshrined under the Constitution of India, the landmark judicial pronouncements regarding secularism. Finally, this article endeavours to provide some fruitful suggestions to implement the concept of secularism properly.943 views -
Dignity in Detention: Impact of the Geneva Convention and Contemporary Challenges
Student at CHRIST (Deemed to be University), Pune, Lavasa, IndiaPages 1133 - 1144Geneva Conventions are important instruments of Humanitarian Law. These are essentially 4 treaties and 3 additional protocols which set international standards with respect to humanitarian treatment in war. Currently, this convention has been ratified by 196 countries. This paper would look into the Geneva Convention and the provisions of the Convention. It will detail look into the development of the Geneva Convention and the reasons behind its revision with respect to prisoners of war. The paper will further its various applicability in the world and major breaches of the provisions of the Convention along with its aftermath. It will also look into the effectiveness of the Convention with respect to Prisoners of War in today’s context.755 views -
Extradition Law in India: A Legal Odyssey
Student at University of Mumbai Law Academy, Mumbai, IndiaPages 1145 - 1163Globalisation and increased connectivity have made it easier for criminals to evade the reach of the Courts. Extradition is the surrender of a person accused or convicted of an offence committed within the jurisdiction of the requesting state, by the requested state based on the maxim ‘Aut dedere aut judicare’ which means either to extradite or prosecute. New international legal frameworks are being developed with an aim to enhance international responses to organised crimes, including terror crimes and drug trafficking etc. Extradition is that legal framework through which on the principle of reciprocity, mutual assistance and comity countries can bring such fugitives to justice. This research paper aims to examine the Indian legislative framework on extradition and India’s success rate in obtaining the return of fugitives along with a brief evaluation of challenges faced by India in extradition. The paper delves deeper into India’s extradition treaties with countries like the United States of America, United Kingdom and United Arab Emirates. The methodology used for this paper is doctrinal research with empirical and comparative approach906 views -
Granting of Maintenance for Women under Hindu and Muslim Laws and Property Rights in Christian Laws
Student at SASTRA (Deemed to be University), IndiaPages 1164 - 1172This paper deals with the commission of maintenance for women in the Hindu, Muslim Religion and Right to property in Christian religion. Also, the paper is about how each and every personal law treats women respective of their religion as to the shares of them in their respective household and how the law commands the people of a particular religion to divide the properties for the women or the widow if the husband has passed as away or how much proportion of the property needs to be granted to the woman children of a household if the father is dead or if there are any sons in the household. This research is done using the prevailing family laws of the Hindu, Muslim and Christian laws like the Hindu adoption and Maintenance Act, 1956 for the Hindus, for the Muslim the Nafqah also known as maintenance in the Islam. This paper discussed the property rights vested with the women in a Christian household and which laws are they governed under to be given equal right in property of the family Also various recent judgments have been referred throughout the paper to substantiate the claims made in this research paper and many have been suggested to make the laws more rigid.879 views -
Invalidity of Hindu Marriage and Critical Analysis on Property Rights for Children of Invalid Marriage
Student at Sastra deemed University, Thanjavur, IndiaPages 1173 - 1179The law recognizes that not all marriages are created equal. Some are deemed invalid, challenging our conventional notions of “happily ever after”. The authors through this quote in this research paper is primarily focusing on the consequences of an invalid marriage which extend far beyond the dissolution of a relationship; they touch upon matters of property, inheritance, and the well-being of children. This research paper delves into the intricate world of invalid marriages, exploring the myriad factors that can lead to their legal nullification or voidance. It provides a comprehensive overview of the common causes of marriage invalidity, including issues related to consent, age, bigamy, and familial constraints. Furthermore, the paper examines the multifaceted legal repercussions that result when a marriage is declared invalid, encompassing matters such as property division. Concluding on a forward-looking note, the article offers insights into potential remedies and legal recourse available to individuals entangled in invalid marriages. It underscores the significance of seeking expert legal counsel to navigate this intricate terrain and advocates for a compassionate and empathetic approach toward those affected by these circumstances.582 views -
Empowering Women: Delving into Legal Rights and Obstacles in Family Law
Student at SASTRA Deemed University, IndiaPages 1180 - 1191This research paper is about the complex environment of legal rights for women under family law and, to provide a complete assessment of their rights, issues, and potential areas for their reform. The research combines a detailed evaluation of current laws, case studies, and socio-legal analysis to offer insight into women's challenges in diverse family law circumstances. The study begins by looking at the historical framework of family law, focusing on how cultural norms and legal traditions have traditionally disadvantaged women in past. It investigates historic legislative changes and international treaties aimed at redressing gender inequalities, such as the Convention on the Elimination of All Forms of Discrimination Against Women. Following that, the article focuses on particular topics of family law, such as marriage and divorce. Analysing marriage and divorce laws and their consequences for women's rights and economic independence. This section examines dowry, forced marriage, and the consequences of no-fault divorce laws. Custody of a child, Looking at the issues that influence child custody choices and how they affect women's responsibilities as carers and financial providers. Property and Alimony Rights Considering the growth of alimony and property distribution rules, as well as its impact on women's financial stability after divorce. My main view in this Research Paper is to Show how Women's Rights Under Family Law Evolved and How the Past Played An Impact on Their Legal Rights such as Consent in Marriage, Alimony Rights, Parental and Custodial Rights, Divorce Laws and their Impact and Mainly Property Rights.897 views -
International Humanitarian Law: An Overview
Student at Indian Institute of Legal Studies, IndiaPages 1192 - 1201This article delves into the subject of International Humanitarian Law, providing a comprehensive exploration of its evolution and historical development. The narrative meticulously traces the timeline associated with this legal framework, elucidating its pivotal role in addressing armed conflicts. Furthermore, the article expounds on the Principles Governing Means and Methods of Warfare within the realm of International Humanitarian Law. Subsequently, it examines the responsibilities entrusted to states under this legal framework, thereby offering a nuanced understanding of their obligations in the context of armed conflicts.832 views -
Testamentary Succession: Property and Will
Student at University of Petroleum and Energy Studies, Dehradun, IndiaPages 1202 - 1207The term “succession” describes a circumstance in which a person receives a title or property from his ancestors. When there is an intestate transaction, or a transfer of property by application of law, succession rules are relevant. Different personal laws govern succession in India. These laws include the Indian Succession Act of 1925, Muslim law that applies exclusively to Muslims, and Hindu law that applies only to Hindus. The word “intestate transaction” refers to succession laws, which take effect upon the death of the last property holder without a will, gift, or other arrangement directing how the property is to be executed. In the event that the final holder leaves a will, that will govern how the property is divided. In India, it is assumed that whatever laws are followed for marriage purposes would also apply for property distribution, maintenance, and divorce. For example, if the Hindu Marriage Act, 1956 is used for marriage, then Hindu Laws will also rule divorce, maintenance, and property division. The Hindu Succession Act, 1956 would also govern these matters. India's succession laws have changed throughout time. Before 1956, many schools of Hindu law followed customary rules. These laws were codified as Hindu rules in 1956 and covered regulations pertaining to marriage, divorce, maintenance, adoption, and succession. Over time, these laws were amended to reflect changes in society. In particular, the legislative body changed several clauses of the Hindu Succession Act, 1956 in 2005. Before the 2005 amendment, daughters were not regarded as coparceners and were not awarded property during the division of the property or during intestate transfers because the act only allowed sons to inherit the property, not daughters, a provision that changed over time. Daughters are now deemed coparceners, just like boys, and are entitled to inheritance according to the 2005 amendment. Not only has the Hindu Succession Act evolved, but the Indian Succession Act has also seen amendments that favor daughters and sons equally rather than giving sons the whole advantage. This study also attempts to evaluate the Indian succession rules as they are now in effect.1,500 views -
A Critical Examination of the Federal Structure in the Globalized World
Student at Symbiosis Law School, Hyderabad, IndiaPages 1208 - 1220“Federalism is a form of government in which local, regional, and state governments work in tandem with the federal government. It entails power distribution and decision-making authority, with each assignee carrying out specified rights and all other authorities being distributed equally between the center and the state. The central government is the sole governing body with the power to produce money, assemble and command an army, and declare war. States, at the intermediate level of government, are the sole bodies with the power to control subjects like education, criminal and civil law, etc. One of the most interesting federal structures in the world may be the Indian style of federalism. Indian federalism is underlined in the “seventh schedule of the Indian Constitution,” which specifies the three lists—the concurrent list, the state list, and the union list—over which each has control. The state list covers the powers and functions that the state must carry out, while the union list deals with the powers and functions that the union must handle. The state list specifies the authorities and functions of the state, whereas the union list delegates decision-making authority to the central government. Center and state have equal decision-making authority on the concurrent list. Examining federations like the United States, Canada, and India, in comparison, requires an understanding of federalism as a concept. India and Canada were established out as quasi-federations, eventually becoming federations over time.848 views -
Legal Position of Adoption in India
BB.A.LL.B. (Hons.) student in India.Pages 1221 - 1229India has a vast variety of traditions, cultures, and methods when it comes to the case of inheritance. In the current times, adopting a child has become quite often and common. The main significance of adoption is the social, emotional, and legal process in which children who will not be raised by their biological parents become full and permanent legitimate members of another family while maintaining genetic and psychological connections to their biological family. Adoption as a family formation has been the subject of extension study for the past three decades. Adopting a kid had created an intensive societal change in the developing world. The discovery by children that they are adopted is very painful, since these children may feel that their biological parents left out them. The acceptance of an adopted child has always been questioned by the family members of the adoptive parents eventually leading to a legal dispute mainly regarding property rights. After independence reforms were brought and the Hindu Adoptions and Maintenance Act, 1956 was implemented which allowed any person who comes under the definition of Hindu under Section 2 to be eligible for adoption. It has gone into advanced changes regarding gender equality. Adoption can be the loveliest option not only for single parents and childless couples but also for homeless kids. This research paper covers the legal position of adoption in India, its societal impacts, issues and challenges faced in adoption and rights of an adopted child.832 views -
Child Protective Services
Student at Sastra deemed University, IndiaPages 1230 - 1238Child trafficking in India has deep-rooted causes such as poverty, lack of education, and the need for families to support themselves financially. This issue is further exacerbated by the demand for cheap labor in various industries, leading to the trafficking of young individuals who are forced into bonded labor for low wages. Economic disparities within and between regions contribute to the trafficking of children from low-income to high-income areas. Traditional and religious practices, such as Jogin and Devadasi, which involve dedicating girls to gods and goddesses, also play a role in encouraging child trafficking, including selling children to brothels. Child trafficking is a highly profitable criminal industry, ranking third globally after drugs and weapons due to its attractive financial returns with low investment. Illiteracy, particularly among girls, prevents children from understanding their legal rights and hampers their ability to protect themselves from exploitation. The expansion of the commercial sex industry in India and abroad adds to the demand for child trafficking. Moreover, a lack of political will on the part of the government to establish a strong law enforcement system further compounds the problem. Efforts have been made at both the national and international levels to combat child trafficking in India. The Ministry of Women and Child Development (MWCD) has initiated various measures, including the National Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children in 1998. The ministry has also established the Central Advisory Committee (CAB) to provide guidance on tackling the issue. Additionally, the MWCD, in collaboration with NIPCCD and UNICEF, has developed manuals and guidelines for various stakeholders, such as a Judicial Handbook on Combating Trafficking of Women and Children for Commercial Sexual Exploitation, a Manual for Medical Officers for Dealing with Child Victims of Trafficking and Commercial Sexual Exploitation, and Counseling Services for Child survivors of trafficking. The Ministry of Home Affairs has established a dedicated nodal cell responsible for providing research, studies, and information to state governments. Workshops are organized for NGOs to address child trafficking issues. There are proposed amendments to the Immoral Traffic (Prevention) Act, 1956, aimed at widening its scope, focusing on traffickers, protecting the human rights of victims, and ensuring proper implementation. Efforts include training all stakeholders, such as police and government officials, to better understand the situation and respond effectively to suspicious activities or individuals. The MWCD operates shelter-based homes, short-stay homes, and Swadhar Homes for women in difficult circumstances. Three pilot projects to combat trafficking in various contexts are in the process of being converted into full schemes. Additionally, collaborative efforts with the Ministry of External Affairs aim to establish special task forces to combat cross-border trafficking. Addressing child trafficking in India requires tackling underlying issues such as poverty, illiteracy, lack of educational opportunities, and traditional practices that perpetuate the vulnerability of children, especially girls.607 views -
It is undeniable that this era is era of information technology. Focus of every country is on digital advancement. India is not an exception to this and focus of the country is on Digital India. Legal field is drastically changing by the advancement of science and technology as technology has become an integral part of judicial system. Drastic change have taken field in legal field with digitalization of legal works, online hearing, submission of file after scanning all the documents are now days a common trend, E-courts are need of the hour. Government is also taking steps for improvement if digital infrastructure, as it has dual advantage firstly it is cost effective and secondly bulk of information can be stored without fear of physical loss of document as within a minute same document can be easily stored in multiple number of digital file in different mode if digital arability. With digitalisation of legal work one common question is arising that how much weight age shall be given to digital evidence in court, because digital evidence are very delicate in nature and can easily be tempered. By the passing of IT Act, 2000, relevancy and admissibility of digital evidence has been fixed though amendment in Indian Evidence Act, 1872. But basic condition of admissibility is still governed by the Act. Electronic evidence are so called Digital evidence have been admitted as documentary evidence under S/3 of the Indian Evidence Act, which provides “all documents including electronic records produced for the inspection of the court are called documentary evidence”. The main difference is that the verbal statement produced as evidence is called oral evidence while verbal statement contained in electronic record is treated as documentary evidence are records. Use of science and technology by criminals, in commission of crime, is increasing day by day and to deal with such crime and criminals, it is very important that the investigating agencies must be aware and trained about such technologies. Collection of scientific evidence is important aspect of crime investigation, police officers involved in collection of direct evidence, are hardly trained in collection of scientific evidence. Another issue is that there is neither specific guideline of court nor any specific law to deal with scientific investigation. The Information technology Act, 2000 brought certain important changes in Indian Evidence Act, 1872, specially in regard to admissibility of electronic evidence, but this admissibility is subject to certain condition laid down the Act itself. Investigating agencies while conducting investigation especially scientific investigation, collects a number of scientific evidence like tape recorded conversation, Facebook, WhatsApp chat messages, Mobile text messages, mobile communication records and so on. However how much weightage shall be given to such evidence is subject to controversy. Social media has changed the way of interaction with each other. The main thrust of this paper is to analyse different type of Social media evidence and to find out how much evidentiary value is given by courts. Whether such scientific evidence may be concluded as a conclusive proof or not, needs to be analyised. Indian evidence Act doesn’t contain any provision how the accuracy or validity of such evidence is to be decided or it is totally on the capability of the court. Author will suggest some factors to be taken into consideration while appreciating such evidence.725 views
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Role of Judges in the Interpretation of Statues
Student at Amity University, Rajasthan, IndiaPages 1250 - 1255Interpretation of laws is an important part of the legal system, as it is necessary to ensure the effective implementation of laws. Judges play an important role in this process, as they are responsible for interpreting legislative intent and clarifying laws. This paper examines the multifaceted role of judges in shaping the perceptions and assumptions that guide their decision-making. The paper discusses the importance of judicial discretion and the impact of judicial decisions on legal precedents. By examining case law and legal theories, this paper provides insight into the dynamic relationship between judges and statutes, shedding light on the complex and changing nature of legal interpretation.946 views -
E-Commerce Trends & Strategies
Student at NICE School of Business Studies, Shobhit Institute of Engineering & Technology, IndiaPages 1256 - 1272The rise of e-commerce, driven by increased technology reliance, offers several benefits such as accessibility, global reach, cost-efficiency, market expansion, and sustainability. It is crucial for businesses, customers, and society as it reduces geographical barriers. Emerging trends in e-commerce include mobile commerce, live stream shopping, user-generated content, social commerce, omnichannel customer experience, voice shopping, flexible payments, and inflation impact. To succeed, businesses need strategies like learning from previous campaigns, personalizing online shopping experiences, proactive engagement, strategic up-selling, gamifying seasonal promotions, split/bucket testing, interactive ads, re-targeting, sales-focused support, automated FAQs, prioritizing a mobile-first approach, and gathering meaningful data. In India, e-commerce is acquiring momentum as technology adoption evolves, driving economic growth and market development. The future of e-commerce depends on adaptability to technological advancements and businesses' ability to use data for informed decision-making.840 views -
Child Protection Laws in India
LL.M. Student at Shri. Nathmal Goenka Law College, Akola Maharashtra, IndiaPages 1273 - 1278Since a nation's future is dependent on the development and improvement of its children, children are respected as one of its most important national resources. These days, the essential objective of our society is to protect children from all shapes of manhandling and abuse. Various cases of child exploitation including child labour, child prostitution, child explicit entertainment, undernourishment, verbal mishandling, child savagery, and sexual molestation have been detailed. These occurrences serve as a roundabout update of our society's deficiencies in defending another era. Given the challenges and issues that children encounter, child assurance is seen as one of the government's and society's essential obligations. Youths are a valuable but fragile human asset. There are a few laws in India that address the treatment of children as non-entities and the tireless endeavours made to secure them from misuse and mishandling while also giving them with the rise to get to nourishment, well-being care, instruction, and regard, permitting them to reach their full potential. The Tradition on the Rights of the Child, the primary universal understanding laying out children's principal rights, was embraced by the UN Common Get together. A human right is to have a secure childhood. They are enrolled within the military. They persevere through various acts of viciousness, the passing of punishment, vanishing, unforgiving and obtuse discipline, and more. Children can oppose this idea since they are autonomous masterminds. Kids require freedom. Moreover, chances must be given to them for them to develop cognitively, candidly, socially, and physically. The setting must be steady and energizing.762 views -
Critical Analysis of Uniform Civil Code
Student at SASTRA Deemed University, IndiaPages 1279 - 1284The Uniform Civil Code (UCC), also known as "One Nation – One Law", is defined in the Constitution of India under Article 44 of the Directive Principles of State Policy, which states that it is the duty of the state to provide citizens with a uniform civil code. throughout the country. Its main objective is to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of rules to govern every citizen. Personal law differs from public law and basically includes marriage, divorce, inheritance, adoption and alimony. There are mainly three contextual issues that are related to the Uniform Civil Code in modern India. They are legitimacy, most viz. Minorities and gender equality. The main goal of this analysis is to understand the detailed concept of the unified civil code, i.e. its beginning, current development, advantages, disadvantages and the role of the judiciary. The Uniform Civil Code should strike a balance between the protection of fundamental rights and the non-secular dogmas of the people. So finally in the post critical analysis and conclusion.766 views -
Medical Ethics and Law
Student at Amity Law School, Noida, Amity University, Uttar Pradesh, IndiaPages 1285 - 1296This manuscript encapsulates a comprehensive exploration of the intricate relationship between medical ethics and law, delving into the foundational principles shaping contemporary healthcare. The research emphasizes the indispensable role of ethical principles, including autonomy, beneficence, justice, and veracity, in guiding healthcare professionals through the complexities of decision-making. Concurrently, it investigates the legal frameworks, such as informed consent, negligence, and confidentiality laws, that provide the necessary structure for the responsible practice of medicine. The synthesis of these ethical and legal dimensions creates a robust foundation for patient-centered care, where the well-being and autonomy of individuals are prioritized. The seamless integration of medical ethics and law is posited as essential for achieving optimal healthcare outcomes, fostering a dynamic environment where ethical considerations align with legal compliance. Looking toward the future, the research anticipates challenges arising from technological advancements, globalization, and public health crises, necessitating agile legal and ethical frameworks. Recommendations underscore the importance of ongoing education and professional development, advocating for interdisciplinary collaboration and fostering a culture of ethical reflection within healthcare organizations. In conclusion, the interplay between medical ethics and law is dynamic and evolving, demanding a commitment to ethical principles, the integration of legal frameworks, and continuous education to navigate the intricate landscape of modern healthcare successfully. This research contributes to the ongoing dialogue in shaping a future where healthcare is not only clinically advanced but ethically grounded and socially just.2,390 views -
Pages 1297 - 1308Intellectual property (IP) disputes have become increasingly common in today's globalized and technology-driven world. The intricate nature of IP rights necessitates efficient and specialized mechanisms for resolution. This paper examines the role of arbitration in addressing intellectual property disputes, its advantages, and challenges. The study also delves into the use of arbitration in various IP domains, such as patents, copyrights, trademarks, and trade secrets. It highlights how arbitration provides a flexible and confidential avenue for resolving IP conflicts while reducing the burden on traditional judicial systems. The research further explores the enforceability of arbitral awards in IP disputes and the potential impact of public policy considerations. With case studies and comparative analysis, this paper contributes to a better understanding of the synergy between intellectual property rights and arbitration, shedding light on the future trends in this evolving field.793 views
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Hans Kelsen and his Pure Theory of Law: The Great Mystery Revisited
Assistant Professor at Government Centre of Legal Education, Hooghly Mohsin College Campus, Chinsurah, District: Hooghly, West Bengal, IndiaPages 1309 - 1322Hans Kelsen advanced a highly distinctive philosophy or theory of law having a significant impact on the development of modern jurisprudence. He was another jurist who has the credit of reviving the original analytical legal thought in the 20th century through his “Pure Theory of Law”. Kelsen did not favour widening the scope of jurisprudence by co-relating it with other social sciences and rigorously insisted on separation of law from politics, sociology, metaphysics and all other extra-legal disciplines. Kelsen’s theory is represented to be ‘pure’ in the sense that it carefully excludes from consideration all factors and issues which can be considered not to be strictly legal. These include all the moral, ethical, sociological and political factors and values which are commonly advanced in explanation or pleaded in justification of law.1,902 views -
Alternative Dispute Resolution Mechanisms in India’s Labour Law Enforcement System
Student at Thakur Ramnarayan College of Law, Mumbai University, IndiaPages 1323 - 1332Alternative Dispute Resolution (ADR) mechanisms are gaining momentum in India's labour law enforcement system. ADR mechanisms provide an informal platform for resolving disputes, which is crucial in labour law disputes where the parties may have an ongoing employment relationship. The traditional court system is seen as time-consuming, expensive, and complicated, leading to a backlog of cases. However, there are challenges in their implementation. The ADR mechanism provides a Win-Win Situation for employers as well as workers, thereby promoting a Harmonious work environment in the workplace. In this paper, the author aims to highlight some of the roles of ADR mechanism in promoting a healthy work environment. Further, discusses the challenges in the implementation of these mechanisms in India.1,208 views -
Foreign Exchange and Smuggling Activities in Indian Context
LL.M. Student at Guru Nanak Dev University, Amritsar, Punjab, IndiaPages 1333 - 1349The paper examines the evolution of foreign exchange regulation in India, tracing the transition from the restrictive Foreign Exchange Regulation Act (FERA) of 1973 to the more liberal Foreign Exchange Management Act (FEMA) of 1999. The paper analyses the objectives, provisions, and implications of these acts on India’s economic policies, enabling greater integration with the global economy. Additionally, the paper investigates the phenomenon and historical background of smuggling activities in India, covering various periods and regimes, and demonstrating the impact of smuggling on the country’s foreign exchange reserves and economic stability. The paper underscores the role of smuggling in depleting foreign exchange reserves, skewing economic indicators, and affecting government revenue through evasion of taxes and import duties. The paper also outlines the measures adopted by India to curb smuggling, such as enhanced customs enforcement, technological innovations, stringent laws, and international cooperation initiatives. Despite the challenges, the paper acknowledges the intricacy of smuggling and the government’s continuing efforts to reduce its negative effects on foreign exchange and the overall economy.770 views -
The Legal Issues of Same-Sex Marriage
Student in IndiaPages 1350 - 1363Same-sex marriage is also known as “gay marriage”. It is a relationship between two persons of the same sex, they live together as a family in society.it is considered to be a governmentally, socially, and religiously recognised marriage sex marriage is a marriage between two partners of the same sex for example; a marriage between two men or two women. It is the legal union between two individuals of the same gender. granting them the same legal rights and responsibilities as opposite-sex marriage is a significant step towards LGBTQ+ rights and equality. In this Topic Same-Sex Marriage We Are Going To See About the background of same-sex marriage, the psychology of children with same-sex marriage, Religious support for same-sex marriage, issues and challenges of same-sex marriage, and attitudes on same-sex marriage. In 1971, Michael McConnell and Jack Baker were the first same-sex married pair in American history when they were officially married in Hennepin County, Minnesota. The ways in which marriage law has been applied equally to same-sex and opposite-sex couples have varied depending on the jurisdiction. Legislative changes, court decisions grounded in the constitutional guarantees of equality, recognition of the legality of same-sex marriages, and direct popular vote—through referendums and initiatives, for example—have all contributed to this. Three hundred years after the Sifra was composed, there is a mention of same-sex marriage. Same-sex marriage has two sides pros and cons, advantages and disadvantages, and merits and demerits, some people support same-sex marriage and some people are against same-sex marriage. this article explains the current situation of same-sex marriage, Whether it is accepted or not..?716 views -
The Extent of the Powers of Ceremonial Heads of State: An Overview of their De Jure Powers and Judicial Interpretation of the Same
Student at MIT WPU School of Law, Pune, IndiaPages 1364 -1378The Westminster style of parliamentary form of democracy divides the executive power into two distinct offices one being the Head of State and the other being the Head of the Government. The unique balance between these offices coupled with, the other state organs are responsible for the running of the State. Yet whilst, people are usually aware about the duties, powers, and other privileges of their Heads of Governments, the same cannot be said about the Heads of State. Although considered to be largely ceremonial the statutory roles, powers, and the judicial interpretations of such powers differ from country to country. This research paper aims to shed light on this very aspect with respect to the UK, India, and Australia.1,020 views -
Upholding Fundamental Rights of Prisoners: A Challenge to Criminal Justice System in India
LL.M. Student at Dharmashastra National Law University, Jabalpur, IndiaPages 1379 - 1389As per the latest Prison Statistics India Report 2021 (as on December 31st), released by the National Crime Records Bureau (NCRB) , total number of prisoners in the Indian jails, has increased by 1.0% in comparison with the year 2020. According to data provided by various State and UT Prison Headquarters, the number of prisoners at the end of each year is far greater than the actual capacity of such jails. The prison population is decreasing while occupancy is increasing at a double-digit rate. In 2019, there were 1,351 prisons, with a total capacity of 4,00,934. At the end of the year, these jails had 4,81,387 inmates, with a 120.1% occupancy rate. When data from 2020 and 2021 are compared, comparable conclusions can be drawn. The prison population increased from 1,306 in 2020 to 1,319 in 2021, but the prison population increased from 4,88,511 to 5,54,034, resulting in a two-year shift in occupancy rate. The number of under-trials increased by 14.9% between 2020 and 2021, rising from 3,71,848 in 2020 to 4,27,165 in 2021, with only 53 of the 4,27,165 being civil inmates. According to the Law Commission of India's 78th Report, undertrials are criminals who have not been found guilty but have been detained pending investigation, inquiry, or trial for a crime they are accused of committing. These people are in judicial custody or on remand for an investigation. Prisoners were subject to colonial laws prior to enactment of the Code of Criminal Procedure. However, before delving into the statutory provisions, the Indian Constitution is a superior and more important document that identifies the rights of a prisoner in India. Part III of the Indian Constitution guarantees certain rights and safeguards personal liberty. Although, the fact that these rights are subject to exceptions, is not out of sight This paper will examine the extent to which prisoners are able to exercise the fundamental rights protected by Part III. In light of various laws and prison reform committees, we will assess the viability of these rights. We will examine and evaluate whether the Indian judiciary has been successful in protecting the fundamental rights in the absence of a comprehensive codified law for prisoner rights by pointing out any gaps within the current framework.751 views -
Marital Rape
Student at KL University, IndiaPages 1390 - 1397In this seminar paper we can see topics that revolve around gender justice and equality. When we talk about equality in genders most people stop at women empowerment, protection for women etc., In this paper we can see about marital rape and sanctity of marriage. To start with the meaning of marital rape ‘non-consenusal and forceful sex between married couples is termed as marital rape.' Since ages marital rape is neither being criminalized nor being added under sexual assault under section 375 of IPC. People often stay in an illusion that forceful and non-consensual sex in a marriage is fine because they feel that the practice of marriage has given them the right. But when one spouse forces the other for sex or does the act comes under marital rape which unlawful and is considered to be a criminal offence in some places. To know more about it we should dig into its history, causes, legal perspectives and we could also see ways of seeking help.652 views -
Restitution of Conjugal Rights
Student at SASTRA Deemed University, IndiaPages 1398 - 1404This article is about Restitution of Conjugal Rights to protect the institution of marriage. This legal remedy empowers a spouse to petition the court for the resumption of marital cohabitation when such cohabitation has been disrupted without legal justification. Rooted in historical perspectives on marital duties, this right has undergone evolution in tandem with shifting societal norms and legal outlooks. The legal landscape governing the restitution of conjugal rights exhibits considerable diversity across jurisdictions. Some nations have chosen to abolish this remedy, deeming it an encroachment on personal autonomy. Conversely, in regions where it endures, the legal process unfolds through a judicial decree urging the non-compliant spouse to return to cohabitation, underscoring the societal value placed on the preservation of the institution of marriage. The historical backdrop of the restitution of conjugal rights reveals its origins in traditional views of marital obligations, where spouses were duty-bound to cohabit. Over time, societal perceptions have shifted, leading to debates about the appropriateness and enforceability of such legal provisions. In jurisdictions where the restitution of conjugal rights persists, legal implications and societal expectations intertwine. The court's involvement in marital affairs raises questions about the extent to which the law should intervene in personal relationships. As some countries move away from such legal remedies, emphasizing individual freedom and personal choice, others grapple with the delicate task of preserving the institution of marriage while respecting the autonomy of individuals.1,240 views -
The Need for International Court of Justice to Evolve
LL.M. Student at University of Sydney, AustraliaPages 1405 - 1417This paper seeks to examine the recent trend in international law of choosing to approach alternate judicial bodies instead of the judicial arm of the United Nations, the International Court of Justice. Multiple reasons exist for this, but maybe the most important is the inability of individuals and organisations to approach the ICJ. Would allowing non-State actors to approach the ICJ improve its standing in the international forum and add to its docket and help enhance international law principles?668 views -
Effects of Anti-Terrorism Law on Human Rights
Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, IndiaPages 1418 - 1429The paper argues that there are three simultaneous and interconnected prerequisites for the state to protect human rights while responding to terrorism: an objective understanding of terrorism, an unbiased assessment of the efficacy and boundaries of human rights, and a response to terrorism that is consistent with human rights. These are not only theoretical issues; rather, their significant practical ramifications imply that they ought to be recognized as the guiding concepts in practice and policymaking. With instances, the study also examines India's reaction to the issue of terrorism. The analysis highlights the necessity of the three criteria and demonstrates the basic and unbreakable connection between "fighting against terrorism" and "human rights."709 views -
Pages 1430 - 1447Biological Trait Theory and Positivism are the two important criminology theories which had shaped the criminal laws and jurisprudence all over the world. Lombroso created his idea of criminal anthropology in his 1876 book "The Criminal Man" to explain why individuals commit crime. According to his idea, there are fundamental distinctions between offenders and non-offenders. According to Lombroso, born criminals have unique physical features or defects that set them apart. All the theories are relevant even today.1,186 views
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Unveiling Cohabitation: Exploring the Dynamics, Evolution, and Cultural Significance of Live-In Relationships
Student at Sastra Deemed University, IndiaPages 1448 - 1462This research explores the multifaceted landscape of live-in relationships, delving into their historical evolution, global perspectives, and nuanced intricacies within the Indian context. The study encompasses a comprehensive analysis of legislative frameworks, judicial decisions, societal attitudes, and cultural intricacies that shape the dynamics of cohabitation. Motivations behind opting for live-in relationships, legal aspects, and the psychological and societal impacts are scrutinized, offering a holistic understanding. The examination extends to challenges faced by live-in couples, highlighting societal biases and legal hurdles, while also acknowledging the positive aspects such as enhanced flexibility. Anticipated trends, potential shifts in societal norms, and considerations for policymakers form the basis of future projections. The research concludes by reflecting on the profound significance of live-in relationships in reshaping modern relationship dynamics and contributing to evolving societal norms.669 views -
Writing a Story for the World: Tracing India’s Response to Migration and Reverse Migration During the Pandemic
Student at O.P. Jindal Global University, IndiaPages 1464 - 1473The advent of the Covid-19 pandemic in 2020 has impacted almost all sections of the society. Its effect has been greatly reflected on human mobility thereby rendering the international migrant community in a state of despair. The imposition of travel restriction and sealing of international borders by almost all countries around the globe have resulted in a large number of these migrants being stranded abroad in a state of economic recession with no means to return to their home countries. Against such a backdrop, it becomes pertinent for us to study the challenges faced by them, the assistance offered to them by the governments and their socio-legal consequences. The pandemic unraveled multiple social fissures which exposed the hollow claims of equality and equal protection of low envisaged upon each citizen by the Indian Constitution. This article aims to analyze the ostensible and systematic ignorance of both the legislature and the judiciary towards ensuring basic-necessities of the international migrant community, thereby unearthing the naked discrimination served towards them.611 views -
Divorce
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1474 - 1480A court order ending a marriage is called a divorce. The divorce must have a "legal reason" according to the court. Apart from the formal dissolution of the marriage, the court considers other matters that must be resolved before the divorce is finalized. Hindu law did not recognize divorce since marriage was seen as an irreversible bond between a husband and wife. Manu's declaration that a wife cannot be freed from her husband through sale or abandonment suggests that there is no way to break the bonds of matrimony. As a result, divorce is not recognized by Hindu law as written. Hindu law does not currently address divorce, but it has been decided that if a custom is accepted as established, it becomes enforceable. We all know that a happy family life depends on the husband and wife in a Muslim marriage, which gives rise to the concept of divorce. Islam, therefore, mandates that marriages be maintained and that it is best to avoid breaking the terms of the marriage contract.681 views -
Pages 1481 - 1491In India, there are 4 pillars of the criminal justice system. That includes the police, the prosecution, the judges or magistrates, and the correctional homes. The police have a very serious role to play in the context of an investigation. There are different offenses committed and the victims are not legal experts to accurately plant the FIR for the creation of a charge sheet. From the time FIR is lodged in accordance with the Code of Criminal Procedure, the challenge begins on the part of the police to create a prima facie case with available evidence and file a charge sheet. The dissertation work examines the challenges that are there and the way ahead to address those challenges.655 views
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Property Distribution and Rights Procured in Divorce
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1492 - 1500The current socio-legal examination on the enhancement of laws on the Dissolution of Hindu Marriage and the degree for the junction is innovated on explorative and individual fact discovering. This examination gives a companion for choosing whether this pivotal part of individual laws of colorful religious networks can be made invariant or not. Decomposition of Hindu marriage, also called separation, is the final and legal end of marriage. It's viewed as one kind of instrument for managing the weights and issues brought about by marriage. The impact of this has a broader dynamic seen from the endpoint of the general society. The internal injury, the seed of a meddled-up home, or a broken-down marriage experience goes a long way toward a stable marriage. This was the situation before the Hindu Marriage Act, 1955 appeared when marriage was undoable among Hindus. Still, it's made solvent now in the Act of 1955 and indeed made decomposition precipitously simpler after the 1976 change of the Act. The Indian Hindu population did not have access to the concept of divorce until 1955. Divorce was only permitted in specific circumstances for Christians, while The Parsi Marriage and Divorce Act of 1936 allowed divorce under limited conditions which were later expanded in 1988. Muslim women were granted the statutory right to divorce in 1939 but under restrictive circumstances. Despite having the option to leave an abusive or unhappy marriage, women rarely exercised this choice due to the economic insecurity they would face if they were no longer married. In Hindu culture, a woman became a part of her husband's joint family upon marriage, and he was obligated to support her. If the husband passed away before the wife, the joint family was responsible for her well-being.518 views -
Ease of Business Legally
Advocate at Tishazri Court, Delhi, IndiaPages 1501 - 1512It is considered that the ease of business in India has improved immensely in India during the recent times. This has propelled India from 142nd position in 2014 to 63rd position in 2019 when it comes to ease of doing business. One has to consider that when India became independent in 1947, the dismal state of the economy and the mistrust for Western economic model made India gravitate more towards a publicly controlled approach to production and industry building. This leaned even more towards the socialist approach during the license era that ended only in the 1980s. Even during the 1980s, transitioning towards trade liberalisation was slow. The state of public sector undertakings and the economy though, made India move definitively towards liberalisation in the 1990s. This new spurt towards private sector has seen further push since the central dispensation came under Modi in 2014. Steps like demonetisation and GST have led to businesses becoming nimbler on their feet. A push towards digitalisation and simplification of business processes has also taken place. The number of legislations and requirements have both seen a reduction. This has made business building an easier exercise in the country. At the same time, there has been an active push towards building infrastructure and an industry that relies upon domestic manufacturing rather than imports. It is considered that this would get even further push as India eyes movement from the fifth to the third largest economy in the World. At the same time, India would have to bolster regulations related to emerging trends like AI and related emergent technologies. It would also have to ensure sustainability building in businesses. Also, businesses would have to become more inclusive in nature in order to ensure that economic disparity is reduced.678 views -
Critical Analysis on Unveiled and Hidden Realities of Sex Workers in India
Student at Amity Law University, Rajasthan, IndiaPages 1513 - 1521“SEX WORK” refers to performing sexual activities in order to give pleasure to one’s erotic or sexual desires in exchange of goods or services provided with consent. This may happen frequently or infrequently. The word “sex work” itself defines it as a “WORK,” making it clear that anyone can engage himself or herself in this activity on their own will. However, the harsh reality of society is that the large number of people engaged in this activity are because of various factors, and somewhere in the community they are not really accepted despite being legalized in our country. This article is aimed to draw reader’s attention to the critical analysis on various aspects of sex workers, which will include its history & background, hidden realities, legal framework and current situation. It has been a debatable topic that whether the sex work is criminalized or decriminalized. It also shed light on morality, human rights, exploitation and trafficking. Thus the authors discuss on the ‘hidden truths of sex work and workers’ through this article and draw a veil over the unrevealed facts, concerns and challenges encountered by them, and conditions of these people.641 views -
The Right of Privilege against the Self- Incrimination
Student at Faculty of Law, Marwadi University, IndiaPages 1522 - 1533Self-incrimination privilege is an essential legal principle that protects individuals from being compelled to provide evidence or testify against themselves in criminal proceedings. The privilege against self-incrimination derives from the belief that a person should not be required to testify against themselves, as this violates the principles of equity and the presumption of innocence. Article 20(3) of the Constitution of India recognises and protects the privilege against self-incrimination in India. This provision states that no person accused of a crime shall be required to testify against themselves. This constitutional protection guarantees that no one can be compelled to make self-incriminating statements or produce evidence that could be used against them in a criminal trial. In the Code of Criminal Procedure, 1973 the concept of privilege against self-incrimination is strengthened and elaborated. By Section 161 of the Criminal Procedure Code, individuals are not required to answer incriminating questions posed by a police officer during an investigation. In addition, Section 313 of the Criminal Procedure Code grants the accused the right to remain mute during the trial and not be compelled to answer any inquiries that could incriminate them.1,548 views -
An Empirical Analysis of Legal and Procedural Dynamics in Motor Accident Compensation Claims and Awareness and Implementation of the Motor Vehicle Amendment Act, 2019 in Chennai
Guest Faculty at SOEL, TNDALU, Chennai and an Advocate at Madras High Court, Chennai, IndiaPages 1534 - 1568This research undertakes a comprehensive empirical exploration of the intricate legal and procedural aspects inherent in motor accident compensation claims within the context of Chennai, India. By centering on the firsthand experiences of claimants, the study ventures into a multifaceted analysis, encompassing the prevalence of exorbitant legal fees, the claimants encountered within the legal proceedings, the contributions and challenges posed by diverse stakeholders, and the efficacy of current regulatory frameworks. A significant focal point of this investigation lies in evaluating claimants' awareness and adherence to the recent legislative reforms introduced by the Motor Vehicle Amendment Act of 2019. These amendments hold the potential to substantially benefit claimants, and the study seeks to gauge the extent to which individuals availing themselves of compensation are cognizant of and compliant with these legal alterations. The research aims to shed light on the nuanced dynamics of navigating through the compensation claims process in Chennai, offering insights that can inform policy considerations, legal practice enhancements, and advocacy efforts. Through its meticulous examination of both the challenges faced by claimants and the impact of legislative changes, this research contributes to a nuanced understanding of the broader landscape of motor accident compensation in Chennai, facilitating informed discourse and potential improvements in the current legal framework.696 views -
Economic Exploitation and Social Injustice: Examining Bonded Labour in India
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1569 - 1576Debt bondage, another name for bond labor, is a socioeconomic practice that has its roots in colonial history, class dynamics, and the enduring poverty of a large portion of the populace. It is distinguished by a long-term, deeply ingrained relationship in India between an employer and employee, which is typically cemented through a loan. This study explores the complex web of social injustice and economic exploitation that characterizes the phenomenon of bonded labor in India. It aims to disentangle the socioeconomic elements that propel people into slavery, the workings of this exploitative system, and the wider ramifications for social justice in the nation. It also looks at how non-governmental organizations, grassroots movements, and government policies can help address and end bonded labor, with the goal of promoting a thorough understanding of the nuances surrounding this widespread problem.719 views -
A Study on the Historical and Contemporary Impact of Sedition Laws in India with Comparison to the International Front
Student at the Tamil Nadu Dr, Ambedkar Law University, School of Excellence in Law, IndiaPages 1577 - 1595Sedition laws in India, outlined in Section 124A of the Indian Penal Code (IPC), carry a complex history and remain a focal point of considerable debate. Originating during the colonial era under British rule, these laws were initially crafted to suppress dissent and quash movements against British authority. However, in the post-independence era, the continued existence of sedition laws has prompted discussions regarding their relevance in a democratic society. Section 124A defines sedition as any act or attempt to evoke hatred or contempt towards the government established by law through words, signs, or visible representation. The controversy surrounding sedition laws predominantly centers on their potential misuse to stifle dissent and impede freedom of expression. Critics argue that the severe penalties associated with these laws can be wielded against individuals expressing legitimate criticism of government policies, thus infringing upon the fundamental right to free speech. The question of whether it is necessary to abolish sedition laws in India has become a contentious issue. Advocates for their retention argue that these laws are essential for maintaining public order and safeguarding the integrity of the state. They contend that in a diverse and populous democracy like India, where divergent opinions and ideologies coexist, legal provisions are necessary to prevent attempts to destabilize the government through violent means. Conversely, proponents of the abolition of sedition laws assert that they are relics of a bygone era and are inconsistent with the principles of free speech in a democratic society. Concerns about their misuse, especially against journalists, activists, and dissenting voices, have fueled calls for reform or repeal. Striking a balance between protecting national security and upholding democratic values remains a nuanced challenge, prompting ongoing discussions about the necessity and appropriateness of retaining or abolishing sedition laws in India.735 views -
Maintenance of Parents under Christian Laws
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1596 - 1603India's diverse religious communities are represented through distinct personal laws that often embody unique cultural and ethical elements. This research paper investigates the framework of parental maintenance within Indian Christian Law. Notably, while other personal legal codes like Hindu and Muslim laws outline the responsibilities of children towards their parents, Indian Christian Law does not have a direct statutory stipulation in this context. Drawing from Christian theological doctrines and traditional teachings, there is a pronounced emphasis on family values and the responsibility of caring for one's parents. However, this moral directive is not directly mirrored in the legal statutes pertaining to Indian Christians. This might give rise to assumptions that Christian parents are devoid of legal protections regarding maintenance. Yet, the broader Indian legal structure provides safeguards. Section 125 of the Code of Criminal Procedure (CrPC) is central to this protection While it operates independently of religious affiliations, it ensures that parents, regardless of their faith, can seek maintenance from their children if they find themselves in financial distress. Anchored in universal principles of fairness, justice, and human rights, Section 125 underscores the inherent right of the elderly to lead a life marked by dignity and economic assurance. Through this paper, by juxtaposing legal mandates, court rulings, and foundational Christian principles, we endeavour to offer a holistic view of the scenario of parental maintenance within the purview of Indian Christian Law. This exploration accentuates the delicate equilibrium the Indian legal framework maintains between overarching secular mandates and specific religious guidelines.918 views -
Family Mediation and Conflict Resolution: Legal Frameworks and Effectiveness
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1604 - 1612This study aims to highlight the importance of mediation as one of the most successful approaches to family dispute resolution. It aims to discover the underlying causes of disagreements and investigates viable solutions through various dispute resolution procedures in marriage issues. Family mediation has numerous advantages. To solve these issues, the law has developed mechanisms for settling matrimonial conflicts through codifications included into several statutes as well as policies. Furthermore, the acceptance of alternative dispute resolution (ADR) techniques such as mediation has increased in India. A mediator is an impartial third party that helps parties to a dispute communicate and work out a settlement that will satisfy them both. The procedure of mediation is optional. By being less formal and adversarial than traditional litigation, the approach seeks to resolve disputes more swiftly and cheaply. An overview of mediation in India is provided in this paper, with a focus on its use in family disputes. When using mediation to address marriage problems, the presence of particular distinguishing elements that may have an impact on the mediation process must be considered. The parties to a problem can interact with each other and reach a resolution that is agreeable to both parties through the mediation process. This paper also examines the need for mediation and argues why it should be favoured over litigation and other forms of alternate dispute resolution.1,100 views -
Interfaith Unions: Navigating Love Beyond Religious Boundaries
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 1613 - 1622The special marriage act of 1954 allows people from different states, castes, or religions to get married without having to convert to the other's religion. Except for the state of Jammu and Kashmir, it is applicable to the entire nation. The act's main goal is to promote secularism and societal harmony by creating a legal framework for weddings between members of different religions and castes. A 30-day notice of intent to marry must be sent by couples intending to get married under the special marriage act to the marriage officer of the district where at least one of them has lived. Opposition to the planned marriage may be voiced during this notice period, after which the marriage officer will consider, investigate, and make a decision. After the notice time has passed, the union it is possible to have the marriage ceremony. There must be a minimum of two witnesses present, and it may be conducted in whichever manner the persons involved choose. The marriage officer or any person authorised by the government performs the solemnization of the marriage. The couple receives a marriage certificate after the ceremony, and the marriage officer enters the details of their union in the marriage certificate book. Furthermore, for couples who are married under the special marriage act, there are provisions for judicial separation and divorce. The special marriage act, which promotes equality, secularism, and social integration in India, essentially functions as a secular law that allows people to get married despite state, religion, and caste lines.672 views -
Complications the Legislation might Encounter if LGBTQ Marriages are Legalised
Student at SASTRA University, IndiaPages 1623 - 1629LGBT is an initialism that stands for "lesbian, gay, bisexual, and transgender" It may refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender. A popular variant, LGBTQ, adds the letter Q for those who identify as queer or are questioning their sexual or gender identity. Another popular variation, LGBTQ+, adds a plus sign in order to represent other identities not included in LGBT. Many further variations of the acronym exist, LGBTQIA+ (adding intersex, and asexual/aromantic), and 2SLGBTQ+ (adding two-spirit). Legal equality and human rights, social acceptance and inclusivity, family and relationship dynamics, impact on institutions, economic and healthcare implications, global perspectives, legal precedent, public policy and advocacy are a few of the reasons why the topic of potential legislative complications is crucial. For laws to be comprehensive, equitable, and inclusive, supporting equal rights and societal harmony, it is essential to examine the challenges legislation may face when legalizing LGBTQ marriages. And also ensuring that the legislation respects human rights, and anticipates and addresses any challenges that may arise during its implementation. It also helps society progress toward greater inclusivity and equality for all its members People have a lot of questions when it comes to the effects of legalizing LGBTQ marriages on social attitudes and acceptance, as well as how these changes will influence the LGBTQ community and society as a whole. And inquiries based on religious beliefs, such as How do religious beliefs affect public opinion and policy-making? What are the religious opinions on marriages for LGBTQ people that are legal? As Well As issues concerning family and adoption, healthcare and benefits, international implications, Moreover, with regard to the difficulties in implementing policy. This article mainly focuses on the opinion that: What are the changes that can be made to the existing legal framework to accommodate legalized LGBTQ marriages? and the struggles the legislation may face.541 views -
Pages 1630 - 1642Forensic Soil Analysis is the use of soil sciences and other disciplines to aid in criminal investigation. Soil is the important physical evidence in all such relevant cases. Soils are like fingerprints because every type of soil that exists has unique properties that itself act as identification markers to include it as the admissible evidence in the court of law. This means that the origin of the soil sample can be tracked back to identify the perpetrator. For example, soil embedded in the footwear of a criminal can be traced back to a specific soil type found at scene of crime. A majority of soil cases involves footprints or tire marks that have been left in the soil. In this paper we are studying the evolution of Soil analysis in Forensic Science through various case studies. We will also study in-brief about procedures adopted in Forensic science for analysing the soil samples.950 views
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A Critical Evaluation of Doctrine of Proportionality in Administrative Law
Student at University of Mumbai Law Academy, IndiaPages 1643 - 1649The paper talks about administrative law which is a heuristic discipline that promotes anti-authoritarianism and aims to create a society governed by the rule of law. It focuses on the legal aspects of administration and the principles underpinning administrative systems. The field of study expanded rapidly in the 20th century, particularly in India. It encompasses the functions and powers of administrative authorities, civil service, public departments, and quasi-judicial entities. It also emphasis on the changes and evolution of the two main doctrines of administrative law that id doctrine of proportionality and due process of law. The doctrine of proportionality is a principle used in statutory interpretation to ensure fairness and justice. It requires actions taken by the administration or legislative bodies to be less severe to achieve desired results, maintaining a balance between administration's goals and public interest, while minimizing individual rights impact. Therefore, it can be seen that Wednesbury's unreasonableness is being replaced by proportionality, a stricter approach to decision-making. This doctrine, delegated to Indian courts, aims to restrain administrative bodies from exceeding reasonability and arbitrariness. The Court's responsibility is to uphold the body's position, but the doctrine's purpose is to govern actions within existing legal principles, protecting citizens' rights and advancing the legal system. Adopting proportionality is crucial to prevent unnecessary reliance on steam hammers.1,009 views -
Analysis on the Protection of Traditional Knowledge with Patents
Student at School of Law, Presidency University, Bangalore, IndiaPages 1650 - 1657Traditional knowledge (TK) refers to indigenous communities' knowledge systems, which are frequently related to their surrounding natural environment. Globalisation and the increased availability of this knowledge, as well as the implementation of intellectual property systems in the developing world, have made Traditional knowledge and its relationship with the IPR-system a highly debated and complicated issue. Patents have been granted with knowledge that stems from Traditional knowledge, some of these patents have been challenged and accused of being examples of "biopiracy". Working groups affiliated with the Convention on Biodiversity and the World Intellectual Property Organization's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore are primarily in charge of attempting to better adapt the patent system to Traditional knowledge. Because of, among other things, the biopiracy controversy, much of the debate has been mired in what can be seen as postcolonial anger and guilt; it is highly politicised and frequently divorced from the legal issues at hand. The cases highlight issues related to judging the patent criteria of novelty and inventive step in relation to Traditional knowledge, as well as the issue of indigenous communities' moral rights in terms of protection from infringement of their religious identity. This paper attempts to reclaim the issue from the political arena by viewing the imperfect interaction between the two knowledge systems as a legal issue rather than a political one.698 views -
The Bestiality of War Crimes: An Analysis of Homer’s Illiad
Student at School of Law, Christ University, IndiaPages 1658 - 1661The concept of war crimes is as old as warfare itself. Homer's Iliad is a classic epic poem that depicts the Trojan War and its aftermath. This article aims to analyze the various war crimes committed in the Iliad and how they relate to modern-day international law. The methodology used in this research is a qualitative analysis of the text, drawing upon relevant legal instruments such as the Geneva Conventions and the Rome Statute of the International Criminal Court. The results show that the war crimes committed in the Iliad include indiscriminate killing, torture and use of prohibited weapons. These actions violate modern-day international humanitarian law and constitute war crimes. The implications of this research highlight the need for the international community to take strong measures to prevent and punish war crimes. The Iliad serves as a warning of the brutalities of war and the importance of upholding human rights and dignity, even in times of conflict. This research also shows the relevance of the Iliad in modern times, as war crimes continue to be committed in various parts of the world.864 views -
Navigating the Journey of Adoption in India
Student at Sastra Deemed University, IndiaPages 1662 - 1668Adoption seems to be the most effective way of achieving the joy of parenting. Adoption can be a loveliest option not only for single- parent and childless couple but also for homeless kids. It enables a parent – child relationship to be established between people not biologically related. In India, there is only one personal law pertaining to adoption which is the Hindu Adoption and Maintenance Act, 1956. Other personal laws like Muslim, Parsi, Christian do not have provisions for other provisions for adoption. This article throws a light on other provisions of laws with respect to adoption and also the lacunae and shortcomings within those acts, acts, it also enunciates the of the judiciary in shaping the adoption scenario in India.675 views -
Universal Jurisdiction under International Criminal Law: Problems and Prospects
Practicing Advocate at Calcutta High Court, IndiaPages 1669 - 1678The principle of universal jurisdiction has been a contentious issue amongst the international community, despite receiving recognition under the Geneva Convention of 1949. It refers to the ability of states to prosecute criminals irrespective of the territory in which the crime was committed or their nationality. The principle remains saddled with numerous challenges as its application is seemingly narrowed down to only grave crimes like genocide, war crimes, coupled with the reluctance of individual nations to formulate adequate provisions at the domestic level. Further the principle is also met with scepticism by several nations as an endangerment to their sovereignty and sometimes resulting in abuse of it. Though the principle has been accepted as an important international norm, its frequent intermingling with realpolitik and the lack of guiding principles as to its definition, scope and limitation has created impediments in its proper application. This article analyses the various challenges that thwart its effective implementation and ways in which the international community and individual nations must come together to lay down uniformity in practices so that the universal jurisdiction can become potent principle to tackle transnational crimes.748 views -
Nazi Propaganda and Second World War
Assistant Professor at Department of History, K.J. Somaiya College of Arts and Commerce, Mumbai, IndiaPages 1679 - 1684The ‘use’ of mass media by the governments has been a long standing tradition. Every government has a ministry or a department related to the Press or the Media. The need of ‘managing’ the media by the governments is felt the most during the time of national crisis, and incidentally war is one such time. This paper attempts to analyse the use/ misuse of media as a propaganda tool by the state and non-state actors for achieving their own goals which are stated to be nationally important.722 views -
Pages 1685 - 1699This socio-legal study delves into labor issues within agriculture, with a particular focus on Thiruvallur district. The research aims to illuminate the multifaceted challenges faced by agricultural workers in the region, spanning aspects such as working conditions, wages, and social implications. By analyzing the unique context of Thiruvallur district, in 2023, the study seeks to identify sustainable solutions to address these issues. The study reveals a commitment to comprehensively understand the intricacies of labor dynamics in agriculture, emphasizing the significance of tailoring solutions to the specific needs and nuances of the local community.538 views
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Online Dispute Resolution in Environmental Cases
Ph.D scholar at National Law University, Delhi, IndiaPages 1700 - 1715Alternate Dispute Resolution (ADR) mostly denotes a broad range of dispute resolution processes that serves as a means for disagreeing parties to come to a common agreement without resorting to litigation. It collectively refers to the methods in which the parties can settle disputes outside the courts with the help of a third party. Environmental disputes are extremely complex and hard to resolve due to their extensive effect on the general interests of communities, individuals, organisations etc. Previously, there were only limited ways of dealing with environmental disputes, which mostly involved political action and litigation. However, with ADR being extensively accepted as an effective alternative to resolving disputes, this has begun to change. Even though environmental law gives rise to a lot of challenges due to the complex nature of problems it produces, ADR offers a widely recognised, accepted, viable and flexible resolution mechanism. The parties involved in any environmental disputes opt for ADR as an alternative to litigation. ADR is indeed an expeditious mode of dispute settlement than litigation, however, the current dialogue over environment cases running among courts and academia is that the online arbitration mechanism is even more efficient and will be able to solve the matter quickly without causing harm to the environment. This paper will begin with the general discussion of how environmental issue can be resolved through traditional ADR mechanism, thereafter, this work will illustrate the online dispute resolution (ODR) mechanism, how it is done, benefits and challenges of ODR and understand if ODR method would be an effective mechanism to resolve environment dispute in the future.792 views -
Juvenile Adoption in the Context of the Criminal Justice System
Student at Sastra Deemed University, IndiaPages 1716 - 1722By examining the relationship between adoption and the juvenile justice system, this abstract provides an overview of a unique aspect of the issue of juveniles adopting children for minors. This study focuses on juveniles who have encountered the criminal justice system and their prospects for adoption. The brief begins by discussing the demographics of juveniles involved in the criminal justice system who are then considered for adoption. Additionally, delving deeper into the legal and ethical aspects of adopting minors who have been involved in the justice system. It explores the rights of biological parents, the responsibilities of adoptive families, and the considerations of child welfare agencies when assessing the best interests of the child in this particular context. Emphasizing the importance of comprehensive assessment of the child's needs and potential therapeutic interventions. The potential for positive outcomes through adoption, highlighting cases in which the adoption of a minor has provided a second chance for rehabilitation and integration into a stable and nurturing family environment. It recognizes the important role of adoptive families, social workers, and counsellors in facilitating the successful admission of juveniles into the criminal justice system.706 views -
Promoting Gender Equality: A Comprehensive Analysis of the Hindu Succession Act, 1956
Student at SASTRA University, IndiaPages 1723 - 1730The Hindu Succession Act, enacted in 1956, stands as a crucial legislative framework in India aimed at rectifying gender disparities in matters of inheritance. This research paper undertakes a thorough examination of the historical context, legislative provisions, and the ever-evolving landscape of gender equality under the Hindu Succession Act, with a particular emphasis on its ramifications for women's rights. To grasp the significance of the Act, it's imperative to understand its historical roots, as it was conceived to reform traditional Hindu laws, which had long been characterized by inherent bias against women. The Act marked a pivotal shift from orthodox Hindu legal principles by endowing daughters with equal inheritance rights as sons. Nevertheless, over the years, the Act has undergone multiple amendments to adapt to shifting societal norms and judicial interpretations. This paper critically scrutinizes the primary provisions of the Hindu Succession Act and its successive amendments, scrutinizing the evolution of women's rights in property and succession matters. It unravels the intricacies surrounding joint family property, self-acquired property, and the entitlement to partition. Additionally, it investigates the repercussions of these legal changes on the socio-economic standing of women and their empowerment within families and society. In summation, the Hindu Succession Act has played a pivotal role in championing gender equality in property inheritance. While notable strides have been made, challenges persist, including gaps in implementation and awareness. This paper underscores the continuing necessity for advocacy and awareness campaigns to ensure that women can effectively exercise their rights under the Act. It's crucial to acknowledge the dynamic nature of the Act and its positive impact on gender equality, ultimately fostering a more equitable and just society.852 views -
Domestic Violence against Men in India
Student at SASTRA Deemed University, IndiaPages 1731 - 1735When most people hear the term "domestic violence," they often assume that a man is the aggressor. While this may be true in many of the reported cases, domestic violence against men is more common than thought and can pose a serious threat to its victims. Unfortunately, men are generally not protected just as women are under most domestic violence laws in India. Therefore, this research brings notice to the public about the domestic violence which are faced by men and changes in the existing system.701 views -
The Impact of Live-in Relationships on Traditional Family in India
Student at SASTRA University, IndiaPages 1736 - 1741This paper helps to understand the impact of Live-in relationships on traditional families in India. Indian society has a rich cultural past. One of the important features of Indian culture is its Joint family system which has been followed for a long time. Live-in relationships have gained acceptance in certain urban areas, reflecting changing attitudes toward marriage. However, cultural and societal norms still largely favor traditional marriages. The impact of these changes varies across regions and communities, highlighting the diverse nature of Indian society. Live-in relationships challenge traditional societal norms surrounding marriage and family. Examining the legal status of live-in relationships in India is crucial for understanding the rights and responsibilities of individuals involved, especially in areas such as property, inheritance, and child custody. There is no proper legislations in India in order to protect the couple in Live-in relationships. This article has been completed by referring to the previous articles, papers published and doctrines related to the topic.979 views -
Pages 1742 - 1752The Uniform Civil Code, or the UCC, has recently been the subject of debates and discussions. The present paper seeks to provide insights into the UCC in India, tracing its roots, latest developments, and implications. The author, through this paper, has tried to conduct a comparative overview of UCC developments in other modern democracies, such as, the United States of America, France, and Turkey, thereby shedding useful insights on the diverse approaches to the complex provision in question. Additionally, the paper also has tried to explore the rationale behind implementation of UCC, drawing on international instruments such as Vienna Convention on the Law of Treaties (VCLT), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Human Rights Committee (HRC) report. Further, the author, has also delved into various instances, explicit or implicit, found under Indian Constitution, apart from Article 44, wherein the references to the topic in question has been found. Finally, the author has concluded by suggesting how this dream can be made a reality. Also, the author has tried to provide valuable insights that can serve as helpful tools for realising this distant dream, which seems to be lurking even in the contemporary world.683 views
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“An Artist never dies”- Demystifying Moral Rights in India
Student at SASTRA Deemed University, IndiaPages 1753 - 1761The article seeks to explore the transformative journey of the growth of moral rights in India. Moral rights elevate the artist above the proprietary, thereby protecting against alteration, misattribution and mutilation. The amendment to the Copyrights Act, 1957 has sparked an intense deliberation among the academic community as it was found to be inadequate with regards to the recognition of moral rights in India. This research is delineated with the intention of identifying the Indian legal system's moral rights regime. The paper rolls out by outlining a number of situations and events that historically mark the emergence of this concept both globally and within India. In spite of the formal rhetoric of legal systems all over the world, this research reveals that moral rights have been handled incorrectly, insufficiently, and in contrast to their economic counterparts within the copyright bundle, which have been given much more careful consideration. This article emphasizes on the restoration of morality from political biases, redundant policies, contradiction in terms of judgements by throwing light on difference of perspective by common law countries and civil law countries. Moral right’s journey through illustrative case laws, historical significance, its stance under international conventions, its position under foreign laws and lastly its take in Indian jurisprudence is being put forth. Because as per Henry Wadsworth Longfellow, “Dead he is not, but departed, for the artist never dies.”636 views -
Taxability of Charitable Trusts: Balancing Benefits and Ensuring Accountability
Student at SASTRA Deemed University, IndiaPages 1762 - 1771Charitable trusts, intrinsic to societal welfare and economic progress, have historically enjoyed tax exemptions under the Income Tax Act. Under the Income Tax Act, the article explores the intricate procedures associated with the registration of charitable trusts, a prerequisite for claiming tax exemptions. It illuminates the spectrum of income exemptions available to these trusts, emphasizing activities aligned with their philanthropic purposes. However, the tax landscape underwent a substantial transformation with the Goods and Services Tax (GST) implementation in 2017, simplifying intricate central and state tax structure. The GST Act outlines specific activities of non-governmental organizations (NGOs) and charitable trusts falling within the realm of business, subjecting them to tax liabilities. Within the tax domain, duly registered charitable entities under the Income Tax Act continue to benefit from tax exemptions on their earnings. Nevertheless, the process of attaining such exemptions now faces heightened scrutiny from tax authorities. This more suitable oversight goal is to make certain that deserving institutions acquire exemption benefits while stopping the misuse of provisions. However, this heightened regulatory oversight and the subsequent rise in administrative complexities and compliance requirements have disproportionately pressured smaller charitable companies, hindering their operational efficiency and competencies. This article offers a comprehensive comparative study of the effectiveness of current legislative frameworks in delivering an appropriate balance between granting earnings tax exemptions and ensuring accountability.679 views -
Harmonizing Marriage Age Globally: An In-Depth Global Exploration of Marriage Age Norms, Challenging Gender Stereotypes in India and Insights from the Tapestry of Tamil Nadu
Guest Faculty at SOEL, TNDALU, Chennai and an Advocate at Madras High Court, Chennai, India.Pages 1772 - 1815Marriage age, a multifaceted interplay of societal norms and individual autonomy, is the subject of a pressing inquiry within the legal framework of India. This research not only addresses the imperative need for a unified age of consent for marriage, challenging the existing gender-based legal age disparity, but also emphasizes the importance of harmonizing this age with international standards. Beyond the prevention of child marriages, the discourse extends globally, exploring marriage age norms and disparities, with an emphasis on aligning with international benchmarks. The study delves into the societal implications of maintaining distinct marriage ages in India, particularly focusing on age-related stereotypes. It endeavors to contribute to the discourse on marriage age, challenge ingrained stereotypes, and advocate for a more equitable societal landscape, all while emphasizing the harmonization of age standards to avoid conflicts of law. The empirical core of the research unfolds in Tamil Nadu, a culturally diverse state, offering insights into the lived experiences of individuals navigating societal expectations in the realm of marriage. The research poses and answers vital questions, aiming to contribute to the discourse on marriage age, challenge ingrained stereotypes, advocate for a more equitable societal landscape, and emphasize the harmonization of age standards to avoid conflicts of law. The methodology combines a comprehensive global analysis, a critical examination of existing legal frameworks, and an in-depth empirical investigation in Tamil Nadu, employing surveys and statistical analyses to unravel the complex dynamics surrounding marriage age and stereotypes.799 views -
Pages 1816 - 1831Gender pay disparity continues to be a pervasive issue in workplaces worldwide, and India, as a rapidly developing nation, faces its own set of challenges in addressing this problem. The study navigates through the intricate web of legislation, including the Equal Remuneration Act of 1976, and assesses their effectiveness in combating wage discrimination. The Equal Remuneration Act, 1976 is a Indian labor law enacted to provide for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the grounds of gender in matters relating to employment and the conditions of service. The primary objective of this act is to promote gender equality in the workplace by ensuring that men and women receive equal pay for equal work. However, it has been more than 50 years that any new legislations has been enacted or amended in India dealing with such an issue. This research will discuss whether such an old legislation is effective for an issue that is dynamic and prevalent, taking into account different problems like occupational segregation, gender discrimination and the such. This paper also introduces another angle of analysis by understanding the implication of gender queer people in the Equal Remuneration Act, and in the principle of equal pay for equal work as whole. Drawing upon an extensive review of existing literature, case studies, and statistical data, the paper delves into the historical evolution of gender pay parity laws in India, critical analysis of pay parity laws of India, gender ambiguity and wage gap, etc. It scrutinizes the legal definitions of "equal work" and "remuneration" while considering their real-world application.934 views
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An Ancient Deadlock for Democracy
Student at Dr. B.R Ambedkar National Law University, Sonepat, IndiaPages 1832 - 1836The origins of the varna system can be traced back to a hymn in rigveda which depicts the brahmins as the priestly class, the kshatriyas as the noble class,the vaishyas as the commoner and the shudras as the servant class. More than 3000 years down the line, this system has not only managed to exist but has become an incessant source of grave injustice and maltreatment. The constituent assembly envisioned a free, democratic India with a common sense of nationhood ingrained in its citizens and even though India has progressive methods of statehood rooted in its civilisational past, the caste system posed to be a hurdle in fulfilling this vision. This article seeks to critically analyse how the caste system has been an everlasting obstacle towards achieving democracy for ancient as well as modern India.586 views -
Antyodaya: A Socialistic Principle of Indian Right Wing
Guest Faculty at Government Law College, Viluppuram, IndiaPages 1837 - 1845This paper in detail analyzes the principle of Antyodaya in detail. The paper brings out the principle of Antyodaya and Sarvodaya provided by Mahatma Gandhi and later on proposed by Acharya Vinoba Bave and Deen Dayal upadhyay who brought in such old principles to the political philosophy which resulted in formation of Bharatiya Janata Party. This paper also focuses on such scheme which finds the traces of upliftment of all that is the principle of Antyodaya in place. It also studies such schemes in detail. Deen Dayal Upadhyay's thoughts of Integral Humanism has been an evolved concept of Antyodaya principle. This principle has brought in various scheme that reached the grassroots by way of decentralization.1,343 views -
Nari Shakti Vandan Adhiniyam – A Political Empowerment of Women
Guest Faculty at Government Law College, Viluppuram, IndiaPages 1846 - 1854This paper provides the detailed study on the implementation of ‘Nari Sakthi Vandan Adhiniyam’ the Women's Reservation (106th Constitutional Amendment Act, 2023). This paper analyze the background of women's reservation in India and in detail elaborate the present constitutional amendment done in favor of women reservation. This paper also studies in detail both its advantages and disadvantages of such an amendment on women's reservation. This paper studies the Laxity in the amendment for the OBCs and its implementation is dated to the 2029 general election. This paper provides the effective analysis of ‘Nari Sakthi Vandan Adhiniyam’ so that it can be well educate the required audience about this subject and how it empowers women in politics.2,313 views -
India’s Transforming Relations with ASEAN Countries – A Counter to String of Pearls Theory
Guest Faculty at Government Law College, Viluppuram, IndiaPages 1855 - 1864This paper studies the ancient cultural civilizational connection between India and ASEAN countries. This paper studies the relationship between India and the ASEAN Countries. The relationship is crucial for both India and ASEAN countries to ensure a free and safe Indo-Pacific. The strategic, defense, maritime cooperation between India and ASEAN countries such as Brunei Darussalam, Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, and Vietnam have a stronger role in ensuring safety and security in the South China Sea. The Military exercise between India and some of the ASEAN countries in the South China Sea has rumbled the activities of China and ensured a free and safe Indo-Pacific. The strait of Malacca has been studied in detail to analyze the petroleum supply of China is large in number. This paper concludes in a positive notion towards the relationship of India and ASEAN countries.581 views -
Elder Parent Care and Custody
Student at SASTRA Deemed University, IndiaPages 1865 - 1873In contemporary society, the elderly, constituting the second most dependent demographic, are regrettably receiving insufficient attention. Despite the presence of protective legislation, instances of elder abuse persist, often unreported. This article examines the alarming trend of neglect and exploitation faced by elderly parents, revealing a concerning lack of prioritization. It emphasizes the growing selfishness among children who, in forgetting their indebtedness to their parents, fail in their duty to provide care. The focus of this article is to underscore the importance of elder parent care and custody, urging heightened awareness, strengthened legal safeguards, and an enhanced societal commitment to uphold the well-being and dignity of our aging population.576 views -
Koovagam Festival – Traditional, Societal and Political Impact on Transgender Community
Guest Faculty at Government Law College, Viluppuram, IndiaPages 1874 - 1881This paper is dedicated to Traditions and societal customs of Koovagam Festival (annual festival celebrated by Transgender community at Viluppuram, Tamil Nadu) Transgender, popularly known as ‘aravanis’, are in the midst of celebrating the 18-day-long Koovagam festival, an annual event that attracts their kind from abroad, including Singapore and Malaysia, and from across the countryside, including Delhi, Maharashtra, Himachal Pradesh, Tamil Nadu and Karnataka. It is a folk date backs to Mahabharata period and it’s relevance in present day is analyzed in this paper. The community and it’s interaction among the society during the 18 day long festival has been discussed in detail. Koovagam festival is an annual event where traditionally selected transgender are married to Aravan and later next day after his death the married Transgender becomes a widow. Transgender community from various part of the world and India joins and educates the community in itself on safe sex and Aids awareness. I will be discussing with the comments of the locals and their views on this festival in detail. This festival is criticized for its nature of seducing locals for sex by transgender community and it has turned to lure for sex rather than the cultural and traditional aspect to it. The paper brings focus on the issue faced by the non community members and the transgender community like shop keepers, local public, hotel owners and the transgender community itself. This paper also aims to provide solution to such problem in three category as classified as follows, Police and District administration, Acceptance among the society or inclusivity and self regulating mechanism of Transgender Community.1,219 views -
Irretrievable Breakdown of the Marriage
Student at SASTRA Deemed University, IndiaPages 1882 - 1887This study aims to investigate impact of irretrievable breakdown of marriage in a society. A failed marriage leads to a divorce. The paper deals with critical study of the irretrievable breakdown of marriage in the religions. The focus of the paper is also on a comparative study of matrimony and divorce in Hindu and Muslim laws. The Research paper also nourishes the breakdown concept to be drafted for aim of uniform laws for all the category of facts to different case laws and discussions.671 views -
Victimization of Women in Cybercrime: An International Perspective
LL.M. Student at UILS, Chandigarh University, Mohali, Punjab, IndiaPages 1888 - 1902Cybercrimes against women are increasing and women have been severely victimized in cyberspace. Some criminals try to offend women by sending obscene e-mails, stalking women through chat rooms, websites, etc., developing pornographic videos that present women in compromise, mostly created without their consent, fraudulent e-mails, images that turn into pornographic content, etc. Sex offenders look for their victims on social networking sites as well as job or matrimonial sites where people post their personal information for a better future. Disclosure of personal information has made women increasingly victims of cybercrime. Although there are many cases of female victimization in western countries, female victimization has increased in eastern regions such as India, and these women have relatively less legal protection and are unique than their western counterparts (Halder and Jaishankar), 2008, 2009, 2011b). This article attempts to explore the various reasons why Indian women have been victimized and proposes a conceptual model of Indian women's cyber victimization. As victims of cybercrime, women experience a number of psychological effects that deeply affect their lives. The National Crime Records Bureau (NCRB) has reported an increase in cybercrimes against women in recent years. Cybercrime against women takes the form of online defamation, sexual harassment and abuse, email spoofing, etc. This research paper is an attempt to discuss a brief analysis of women's legal rights to protect themselves against cybercrime, its implementation and the challenges women face in achieving these rights.675 views -
Comparative Analysis of Surrogacy in India and Japan
Student at SASTRA Deemed University, IndiaPages 1903 - 1920The purpose of this article is to conduct a comprehensive comparative analysis of surrogacy laws in India and Japan, exploring their legal frameworks, cultural influences, and implications for stakeholders involved in assisted reproductive technologies. By delving into the unique sociolegal landscapes of these countries, the article aims to uncover the intricacies of surrogacy regulations, ethical considerations, and the evolving nature of surrogacy practices. The scope extends to the examination of relevant case studies, legislative developments, and the impact of cultural norms on policy formation. This comparative study intends to provide a nuanced understanding of how legal structures shape surrogacy practices, addressing controversies, and highlighting areas where legal harmonisation or reform may be necessary. The article aspires to contribute valuable insights to the global discourse on surrogacy, facilitating informed decision-making, ethical practices, and potential advancements in international collaboration on assisted reproductive technologies.822 views -
Failure of Corporate Governance and Irregularity: Protection to Unlisted Companies
Student at SASTRA Deemed University, IndiaPages 1921 - 1931Corporate governance refers to the rules, processes or laws that govern how business run Corporate governance failure refers to situation when a firms management or board of directors failure to uphold their moral and legal obligation to the company and all of its stakeholders including shareholders employees, customer and wider community. Scam teaches the importance of corporate governance White-collar crimes, which include deception, concealment, and breach of trust, are another name for scams. These crimes are typically carried out by business professionals with the intention of making money. Many scams in India like Satyam computers scam, sahara scam, national spot exchange scam, collocation scam etc. After Satyam scam SEBI increased corporate governance standards and number of significant requirements have been included by the Companies Act of 2013 to guarantee excellent governance in line with the international business environment such as Women's Director, Nomination and Remuneration Committee, Independent Director, and Internal Audit tightened financial reporting guidelines and corporate governance requirements for listed publically traded companies in the country. As per clause 49 SEBI monitors and regulates corporate governance of listed companies in India. But in India 90% are either private or unlisted public companies but there is no clause to protect corporate governance for unlisted company and private company. This paper discuss about corporate governance scams in India and also discussed that need to give mandatory clause of corporate governance to protect unlisted companies.815 views -
Surrogacy in India and Right of Women
Student at Amity University, Patna, India.Pages 1932 - 1939The human body is an amazing mechanism. Future reproductive technologies such as test tube babies, surrogate motherhood via novel reproductive techniques, and cloning will open up hitherto unimaginable sexual options. Surrogacy is an assisted reproductive technique in which a woman consents to get pregnant in order to carry and give birth to a child for the benefit of other people. Certain legal regimes have permitted surrogacy, and the intended parents could be acknowledged as the biological parents from the moment of birth. In India, the market for "womb for rent," or commercial surrogacy, is expanding. Reproductive tourism is a relatively new phenomena in our fast-globalising environment. In a nation like India, where the incidence of maternal deaths is already startlingly high, the surrogacy industry takes advantage of impoverished women. In the context of surrogacy, this study discusses concerns related to paternity and women's health rights. To safeguard and counsel couples considering this choice, the government of India should give careful thought to passing legislation regulating surrogacy. Patients will always mislead and surrogates will always be taken advantage of in the absence of a strong legal framework710 views -
Rape Sentencing in India: Need for Uniform Sentencing Guidelines
Assistant Professor at School of Law, Mahindra University, IndiaPages 1940 - 1950In rape sentencing, Indian courts exercises its judicial discretion based on two considerations. The foremost consideration by courts for exercising judicial discretion in rape sentencing is based on certain factors such as facts and circumstances of the case, victim's consent, marital status, acquaintance of accused etc. In rape cases, the Courts consider victim's consent as one of the mitigating factors in sentence reduction that has been witnessed in Tukaram v. State of Maharashtra, the Supreme Court reduced the sentence stating that the victim is sexually active and she had given her passive consent since there are no injuries on her body. In general, the courts decide whether the rape victim had given her consent or not based on the medical report except in certain rapes such as custodial rape, gang rape, rape on pregnant women etc., the courts presume there is absence of consent, if the victim states in her testimony that she did not give her consent. But the World Health Organisation (WHO) Report – 2019 states that only 30% of rape cases, victims have visible injuries upon their bodies. Hence, the courts shall consider other factors while deciding the question of victim's consent. The other consideration is the prevailing theory of punishment in the country. In India, the Supreme Court did not consistently apply any particular punishment theory in convicting rape offenders. However, usually Indian Courts apply reformative theory of punishment in rape cases i.e., the courts examine whether there is any possibility of accused being reformed, if the answer is affirmative, then the courts reduce the sentence of accused. Based on this theory, young age, social background of the accused may be considered as mitigating factors. Such mitigating factors seems unjustifiable and would give lenience to the accused and other persons to commit sexual offences. The courts must adopt any one of the punishment theories and also address various factors to be considered in mitigating and aggravating the sentence. This study aims to deeply investigate the existing inequalities prevailing in the Indian Criminal Justice System and thus, emphasis the need for adopting uniform sentencing guidelines in crimes against women and children.1,179 views -
Understanding Rape Culture in Mumbai: A Comprehensive Overview
Student at Thakur Ramnarayan College of Law, IndiaPages 1951 - 1966This research paper provides an extensive exploration of rape culture within the context of Mumbai, India. Rape culture represents a pervasive societal phenomenon in which sexual violence is ingrained and sustained through the normalization of attitudes, behaviors, and institutional frameworks. As a diverse and dynamic metropolis, Mumbai presents a complex backdrop for this analysis, encompassing multifaceted cultural, historical, and socio-economic factors. This comprehensive overview begins by defining rape culture and scrutinizing its various facets within the city. It delves into the root causes, including deeply entrenched gender inequality, patriarchal norms, and the absence of comprehensive sex education. One notable aspect of this study is the inclusion of a survey conducted to gauge public perceptions and experiences related to rape culture in Mumbai. This survey provides valuable insights into residents' perspectives and helps inform the research findings. The study also investigates the role of media, both traditional and digital, in shaping perceptions of sexual violence and influencing public discourse. It explores the effectiveness of legal frameworks and law enforcement in addressing sexual assault cases, exposing the challenges and gaps that impede justice for survivors. Furthermore, the research examines the contributions of grassroots movements, NGOs, and community initiatives in combating rape culture in Mumbai. It underscores the significance of collaborative efforts in challenging and reshaping deeply ingrained attitudes. Lastly, this paper recommends policy interventions, educational initiatives, and awareness campaigns to eradicate rape culture in Mumbai and foster a safer and more equitable society. By shedding light on the complexities of addressing this issue in an urban setting, this research contributes to a broader understanding of rape culture in a global context.820 views -
Children’s Mental Health and Development Impacted by Parental Absence
Student at Thakur Ramnarayan College of Law, Dahisar East, MumbaiPages 1967 - 1989The presence of loving and nurturing parents is widely recognized as a fundamental cornerstone of a child's emotional and psychological development. However, in today's dynamic world, parental absence has become a prevalent and multifaceted issue, with various factors like divorce, death, or work-related separations affecting families worldwide. This research paper delves into the intricate relationship between parental absence and its profound repercussions on the mental health and overall development of children. Drawing upon an extensive review of literature, this study navigates through the intricacies of the subject matter, exploring the diverse contexts and experiences of children facing parental absence. We examine the emotional and psychological toll this phenomenon takes on young minds, shedding light on the vulnerabilities it can create. This research explores the wide spectrum of emotions that children might experience, from anxiety and sadness to resilience and growth, offering a nuanced understanding of their coping mechanisms. Furthermore, we delve into the impact of parental absence on various facets of a child's development, including their social, cognitive, and emotional domains. We consider the long-term consequences and the potential for positive outcomes amidst adversity. The interplay of external support systems and the child's innate resilience is explored, offering insights into mitigating adverse effects. In the quest to address the challenges posed by parental absence, this paper investigates existing interventions and support mechanisms, critically evaluating their effectiveness. We discuss the implications for policy-making and suggest areas for further research in the pursuit of enhancing the well-being of children experiencing parental absence.1,556 views -
Legal Aspects of Child Custody Evaluation
Student at SASTRA Deemed University, IndiaPages 1990 - 1994Family law proceedings include a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation and termination of parental rights. This study attempts to fill a gap in the literature by assessing the perspectives of attorneys regarding child custody evaluations completed by mental health professionals. There are many laws that govern child custody under the Hindu law i.e., Hindu Marriage Act (Section 26), Hindu Minority and Guardianship Act, & Guardians and Wards Act. Child custody can be claimed at any time during judicial separation or divorce. Parents have custody of the child only until it turns 18 after that the child is considered majority of age. Moreover, the custody cannot only be given to a parent, but also a non-parent. The welfare and wish of the child are considered by the court before granting child custody. Courts are pro-child and do what is best for the child. Finally, survey findings suggest that custody evaluations play a significant role in decisions to negotiate with a settlement rather than proceed to a trial.726 views -
Shareholder Activism: Does it Enhance Corporate Accountability or Cause Disruption?
Student at School of Law, SASTRA Deemed to be University, TamilNadu, IndiaPages 1995 - 2003Shareholder Activism is a multifaceted phenomenon which has the potential to either enhance corporate accountability or be the cause of disruption within the corporations. This dichotomy arises from the diverse objectives, strategies and outcomes associated with shareholder’s engagement with the company. It basically involves the efforts of the shareholders to bring about a desired change in operations the company ensuring they act in the best interest of the shareholders and encompasses a spectrum of activities ranging from advocating for greater transparency and pursuance of short-term financial gains. Consequently, the effect of shareholders activism on corporate accountability versus disruption are complex and is contingent upon various factors. On one hand, shareholder activism can bolster corporate accountability in several ways by enhancing transparency and increased disclosure. On the other hand, shareholder activism can be disruptive. Short term campaigns focused on immediate financial gains may divert corporate resources and attention from long term planning. This research paper aims to analyze the effects of shareholder activism based on their ability to either be constructive or disruptive. While the preliminary findings suggest that shareholder activism can enhance accountability, it also underscores the potential for disruption when short term gains are prioritized. Recognizing this complexity is essential and these findings will be further explored through an analysis offering valuable insights for the stakeholders, policymakers and corporate leaders as they navigate the evolving field of shareholder activism and its implications for corporate governance and accountability.945 views -
Impact of Cybercrime On International Law
Student at Christ (Deemed to be University), IndiaPages 2004 - 2020The rapid spread of cyberspace has ushered in a new era of global interconnection and digital transformation. However, this digital revolution has also produced a powerful opponent: cybercrime. This research delves into the intricate interaction between cybercrime and international law, and reveals the multifaceted challenges and reactions in this dynamic pattern. As the boundaries of cyberspace transcend geographical boundaries, the traditional structure of international law is facing an unprecedented test. The study analyses the perverted nature of cybercrime, covering all aspects from data leakage to state-sponsored cyber espionage and war. It reviews the effectiveness of existing international legal instruments, such as the Budapest Convention on Cybercrime, and emphasizes their different implementation among countries and the resulting differences in law enforcement. This study investigates the effects of cybercrime on international law and makes recommendations for politicians, international organisations, and legal experts to handle these difficulties more effectively. The need for international norms for responsible state behaviour in cyberspace, clarification of state responsibility principles, enhancement of attribution capabilities, strengthening international cooperation, and the establishment of diplomatic channels for conflict resolution are among the key findings. This research is significant because it contributes to continuing efforts to adapt international law to the dynamic digital context, safeguarding global security and stability in the face of emerging cyber threats.822 views -
Fundamental Rights and Personal Data Protection: Analyzing the Impact of the Right to Privacy on India’s Data Protection Framework
Student at Narayan School of Law, GNS University, IndiaPages 2021 - 2030In an increasingly digital age, the right to privacy has gained significant importance as a fundamental right. This research paper explores the impact of the right to privacy on India's data protection framework. India, with its rich constitutional heritage, recognizes the right to privacy as an essential component of its fundamental rights. Understanding the interplay between privacy and data protection is crucial for analyzing the effectiveness of India's data protection laws. This study provides an overview of fundamental rights and the data protection landscape in India. It examines the historical context of the right to privacy in the country and delves into the development of India's data protection framework. The Personal Data Protection Bill, 2019, is analyzed in detail, comparing its provisions with global data protection standards, such as the European Union's General Data Protection Regulation (GDPR). The research highlights the significance of the right to privacy and its relationship with other fundamental rights. It explores the implications of privacy rights on data protection laws and their enforcement in India. Case studies and examples are used to illustrate the impact of the right to privacy on data protection practices within the country. This paper identifies challenges and potential gaps in India's current data protection framework, evaluating its ability to safeguard personal data while upholding privacy rights. Recommendations are provided for strengthening the framework, addressing emerging issues, and balancing privacy concerns with innovation and national security considerations. By analyzing the impact of the right to privacy on India's data protection framework, this research contributes to the ongoing discourse on privacy rights and data protection. It provides insights into the current landscape, future implications, and policy recommendations for an effective and robust data protection regime in India.2,538 views -
Uniform Civil Code: A Study on the Individual Rights and the Role of Secular State
Student at SASTRA Deemed University, IndiaPages 2031 - 2037This research project deals with the research about the problems arising on unavailability of a uniform civil code. All the people are governed by their personal laws with respect to marriage, succession, divorce etc. This research discusses the problems faced by people as a country diverse as India on the basis of the differential treatment of citizens, owing to their own personal laws, India which is a multireligious and multi lingual but divided on many facets, yet united by nationalist spirit. The word "secular" in the Preamble refers to India's status as a secular nation in which no specific religion is supported or encouraged by the government. This indicates that individuals are free to practice and adhere to any religion they desire in India, as there is no official state religion. It also implies that no one can be subjected to religious discrimination by the government. The word "secular" was purposefully added to the Preamble in an effort to foster a society that is accepting of all religions.[1] The idea of Sarva Dhrama Sambhava was a religious one, which clearly emphasize on treating people equally which means no religious inequality, but this idea has now turned as a major political concern. Religious views should be a matter of human choice in a nation like India, and no government should impose any particular set of religious doctrines or beliefs. All religious beliefs must be tolerated politically as long as they abstain from violence and acts against national interests. The phrase Sarva Dharma Sambhava conveys the sense of humanity, but it also teaches reverence for God's creatures and unity with everyone.[2]651 views -
Human Rights, Poverty and Terrorism: A Triangular Relationship
Student at Christ (Deemed to be University), IndiaPages 2038 - 2048Human beings by virtue of their existence possess certain inalienable rights which are known as human rights. They are universal in nature and no person can be deprived of them in the name of caste, creed, sex or religion. They extend to civil, political, social, economic and cultural rights. However, these human rights are being challenged because of various issues, which could also be called its subtopics, namely poverty, global inequities, discrimination, armed conflict and violence or weak institutions etc. Poverty refers to the situation in which an individual is deprived of the basic needs of food, clothing and shelter whereas terrorism means to instill fear and threat in the minds of the public through violence. This research paper dives deep into the large ambit of human rights and its subparts. The main aim is to evaluate the triangular relationship that exists between human rights, poverty and terrorism. Both qualitative and quantitative research methodology are used to critically analyze how a causal connection exists between these three determinants. It further explores human rights both from an international legal perspective enshrined in UDHR and from a national legal perspective through the Fundamental Rights laid down in the Constitution of India. In addition to the main theme this paper also includes discussions about the ISIS terrorist group, the humanitarian crisis in Kashmir, the Taliban attack and various other events which showcase how terrorism, poverty and violation of human rights are closely interlinked. Invariably, therefore, a conclusion can be drawn that human rights , poverty and terrorism , all are the causes and effects of each other.560 views -
Pages 2049 - 2060Right to privacy is a fundamental right enshrined under the Constitution of India and Competition Act 2002 seeks to ensure the welfare of consumers by maintaining healthy competition in the market. Both the rights/laws seem to be poles apart and unrelated to each other. With the emerging trend of data-driven economy that relies on collection of big-data from wide range of platforms accessible to the consumers, the two concepts of privacy and healthy competition in the market do not remain un-related. Right to privacy of a consumer needs to be ensured when his data is being collected by the technology companies every second that he uses the internet. These data collection practices of online platforms can have a significant impact on consumers’ privacy. The collection and use of personal data can be a form of market power, and the lack of privacy can make it difficult for consumers to make informed choices. The present paper seeks to explores the various connections between privacy and competition law and how the same can be placed in the present as well as evolving framework of Competition regime in India. Such an enquiry becomes necessary in the ever evolving age of information technology for the law to keep its pace with it.840 views
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The Analysis of the Impact of Taxation on Small Business in India
Student in IndiaPages 2061 - 2066The Taxation policies in India have an vital impact on the economic operations, growth, and sustainability of small businesses. This study focused to evaluate the different angles of the impact of taxation on small businesses in the India. It also look into the direct and indirect outcomes of various taxes on the functioning of small business enterprises. Such taxes are income tax, goods and services tax, corporate tax, and local levies. The study identifies certain challenges that are faced by the small businesses in meeting their tax obligations, compliance burdens, and financial implications imposed by taxation. This research also investigates the relationship between various taxation policies and key business metrics such as profitability, investment decisions, job creation, and overall economic contribution. By examining various possible reforms or policy recommendations that reduce the burden of tax on small businesses and by promoting a supportive environment for the growth and development of such businesses. The findings of the study are prepared to provide an complete understanding to the government, policymakers, tax authorities, and stakeholders who are involved in the formation of regulation of tax policies and thereby contributing to the development of business friendly taxation model for small businesses in India.1,464 views -
Legal Perspectives on Environmental Inequities: Mitigating Pollution Impact on Vulnerable Communities in India
Student at School of Law, Bennett University, IndiaPages 2067 - 2078The legal perspective on environmental inequities in India is complex, involving legislative frameworks, judicial interventions, and community engagement. Vulnerable communities, often located near industrial zones or traffic-heavy areas, face severe health consequences due to air pollution, water pollution, soil pollution, noise pollution, and industrial pollution. The Air (Prevention and Control of Pollution) Act, 1981 empowers regulatory bodies to control and abate air pollution, while the Water (Prevention and Control of Pollution) Act, 1974 aims to prevent and control water pollution. Soil pollution affects agricultural communities, affecting crop yields and food security. The Environment (Protection) Act, 1986 provides for noise pollution control measures, while the Factories Act and Environmental Impact Assessment (EIA) Notification address industrial pollution. Mitigating environmental inequities involves community participation, Public Interest Litigation (PIL), Environmental Impact Assessment (EIA), Environmental Clearance, and Corporate Social Responsibility (CSR). However, enforcement gaps persist due to resource constraints, bureaucratic hurdles, and corruption. Vulnerable communities often lack awareness and resources to access legal remedies, limiting their ability to seek justice. Legal perspectives on environmental inequities in India involve a multifaceted approach that includes robust laws, effective enforcement mechanisms, and proactive community involvement. Ongoing efforts to strengthen legal frameworks and address implementation challenges are crucial for achieving environmental justice in India. This research examines the legal principles surrounding indigenous land rights and the exploitation of natural resources, revealing instances where these communities are the most affected by environmental degradation. It also examines the urban-rural divide, analyzing how urban areas with industrial activities often experience higher pollution levels, leading to disparate health impacts. It also investigates environmental racism, highlighting the need for anti-discriminatory legal measures. The research emphasizes that addressing environmental inequities is not just an ethical imperative, but a legal necessity rooted in fairness, justice, and the preservation of fundamental rights. It proposes measures to enhance environmental justice.834 views -
This abstract providеs a concisе ovеrviеw of thе comparativе study titlеd “Cross-National Disastеr Govеrnancе: Comparative Insights from India and Japan”.Thе study еxplorеs disastеr govеrnancе approachеs in India and Japan, highlighting kеy similaritiеs and diffеrеncеs in thеir stratеgiеs, policiеs, and practicеs. By еxamining thеsе two divеrsе countriеs, thе rеsеarch shеds light on thе complеx intеrplay of cultural, institutional, and socioеconomic factors that shapе disastеr managеmеnt systеms. Through a comprеhеnsivе analysis of casе studiеs, policy framеworks, and stakеholdеr еngagеmеnt, this study aims to contributе to a dееpеr undеrstanding of еffеctivе disastеr govеrnancе in variеd contеxts. Thе findings undеrscorе thе significance of adaptivе stratеgiеs that account for uniquе national circumstancеs whilе promoting intеrnational collaboration and knowlеdgе еxchangе for building rеsiliеnt sociеtiеs in thе facе of disastеrs. This comparativе еxploration sеrvеs as a valuablе rеsourcе for policymakеrs, rеsеarchеrs, and practitionеrs sееking to еnhancе disastеr prеparеdnеss, rеsponsе, and rеcovеry on a global scalе.698 views
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Analysis of Qualitative and Quantitative Research Study
Student at De Paul Institute of Science and Technology, IndiaPages 2097 - 2098In this research paper, the author briefly analyse the research process and research design. I go further in my study to discuss 2 major research methods- Qualitative and Quantitative. We compare both the methods by their data collection methods and sample sizes used for data collection and types of questions used in both types of data collection.573 views -
The Ravenous Passion of Serial Killers
Student at Thakur Ramnarayan College of Law, IndiaPages 2099 - 2112It is important to question a worldview that characterizes serial killers as wicked monsters with strange appearances, torturers of animals, or victims of physical or sexual abuse as children. As a result, killing someone sadistically for sex is justified. While seeking information about this occurrence, researchers should approach the problem with an open mind and no preconceived notions or theories. In addition, each serial killer's motivation to murder several victims may be distinct, based on their background and experiences, and hence hard to measure. The goal of the current study was to identify the conditions that led to serial killing by comparing in-depth and descriptive stories from the lives of serial killers 2 without taking presumptions and theories into consideration.3 Grounded theory methodology was applied for this objective. much of the information has been extracted from literature concerning every serial murderer4. Stress/trauma, power/control, loneliness, low self-esteem, sexually sadistic Indian culture, peer pressure, Satanism, parent relationship patterns, and neurodevelopmental issues were found to be contributing causes.668 views -
Corporate Social Responsibility during Covid-19 Pandemic
Student at BML Munjal University, Haryana, IndiaPages 2113 - 2140In this research paper, we delve into the concept of Corporate Social Responsibility (CSR) and its relevance in the context of the COVID-19 pandemic. They begin by providing an introduction to CSR, highlighting its definition as a corporate strategy that emphasizes ethical, social, and environmental responsibilities alongside profit generation. CSR involves incorporating environmentally friendly and socially beneficial practices into a company's operations, as well as engaging with various stakeholders, including customers, employees, communities, and investors. The paper emphasizes the holistic nature of CSR, presenting it as a comprehensive business approach that goes beyond mere profit-seeking. It explores the idea that companies are not solely economic entities but also important contributors to the larger social and environmental context. This perspective acknowledges the need for businesses to strike a balance between profitability and ethical behaviour, social and environmental responsibility, and sustainable corporate practices. By adopting a responsible corporate citizen role, companies can positively impact society and the environment while also enhancing their reputation and long-term financial success. We have highlighted the importance of stakeholder engagement and ethical conduct in CSR. We have stressed on the significance of actively involving multiple stakeholders in decision-making processes and addressing their concerns. Ethical behaviour is emphasized as a core component of CSR, encompassing adherence to moral principles, promoting transparency, and ensuring that company decisions are made in the best interests of all stakeholders. Furthermore, the paper explores the long-term benefits and strategic significance of CSR. It emphasizes that active participation in CSR efforts can result in improved public perception, increased customer loyalty, and enhanced employee morale. These qualities not only contribute to a strong company image but also provide a competitive advantage. CSR is presented as a strategic approach that fosters social and environmental responsibility, aligns companies with the values of an aware customer base, and cultivates a culture of responsible corporate citizenship. The research paper also examines the impact of CSR on society. It highlights CSR as a vehicle for positive change, emphasizing that it plays a crucial role in addressing major social challenges and promoting positive transformations. By actively participating in CSR initiatives, companies contribute to community well-being, support sustainable practices, and strengthen corporate responsibility. CSR is presented as a force that tackles social and environmental concerns, fostering a more equitable and sustainable world while building strong relationships with stakeholders. Additionally, the paper discusses the legal frameworks governing CSR under the Companies Act. It addresses the adoption of CSR strategies by businesses and organizations and examines the challenges and opportunities for aligning CSR with company law. In summary, this research paper provides an in-depth exploration of CSR and its significance during the COVID-19 pandemic. It highlights the multifaceted nature of CSR, its impact on society, and the legal considerations involved. The paper contributes to the understanding of CSR as a vital aspect of corporate behaviour and its potential to drive positive change in challenging times.719 views -
Sex Education in India: A Topic of the Records in turn Affecting the Demeanor
Assistant Professor in Law at CMR School of Legal Studies, CMRU Bangalore, IndiaPages 2141 - 2152A few days ago, I saw the UNICEF advertisement where one teenage girl got her monthly menstruation and unfortunately, she was in school, it was difficult for her to understand what is happening and other students started making fun of her. She must have been devastated not knowing what is happening to her and then other students laughing at her. It is rather surprising that a teenager is not aware of her body and nothing about her body, sex, menstruation is told to her. These kinds of incidents can be avoided when young children especially girls get education about their bodies and sex. Not many in the society in India and elsewhere are open to the idea of sex education. Talking about sex is considered a taboo in India and it’s still a hush-hush topic and can’t be discussed with parents, elders, teachers among others. It is astonishing that we shy away from this topic in the 21th century also. The question arises why we have made it a hush-hush topic. We keep this topic top secret, confidential and highly restrictive meaning we discuss it with few only or in restricted groups. It’s a natural instinct among human beings to be curious about sex. Amusingly sex education is considered a complete personal matter and is not in the public spheres. It is also believed, sex execution is for the west, Indian teenagers or young people need not have knowledge about it. This paper revamps the understanding of sex education in India and its cultural dimensions, the scope of sex education, its legal implication, and initiatives taken by the government of India and how do we take it ahead.956 views -
Globalization and Terrorism: A Complex and Contested Relationship
LL.M. Student at Amity university, Jaipur, IndiaPages 2153 - 2158The abstract discusses the intricate relationship between globalization and terrorism, acknowledging both their interconnectedness and conflicting nature. It emphasizes how globalization facilitates communication, travel, and trade, providing opportunities for terrorist networks. The role of technology, social media, and funding in connecting terrorism to globalization is explored. The Hamas-Israel case study illustrates globalization's impact on conflicts. Despite globalization contributing to terrorism, the article suggests ways it can combat terrorism, such as international collaboration, addressing root causes, and enhancing security measures. The conclusion advocates for a balanced approach, leveraging globalization for international cooperation while addressing challenges to ensure effective counterterrorism efforts.892 views -
Legitimacy of G20: Its Challenges and Opportunities
Student at SASTRA Deemed University, IndiaPages 2159 - 2167Today’s world international relations are increasing where states become signatories to formal treaties and conventions.G20 is an important forum where countries discuss global economic and political problems thereby making informal international laws .India’s G20 Presidency is a significant event where it promotes universal sense of one-ness under the theme 'One Earth , One Family ,One Future India’ as fastest growing economy ,its presidency will play a crucial role in building significant achievements. Principles of legitimacy plays a crucial role when norms and declarations are passed at international level. The passed norms or declarations are not always in accordance with principles of right process. This article compares the principles of legitimacy with that of G20 forum and need for international regulatory system. It also states the challenges that G20 presidency 2023 faced and opportunities that is lined ahead of it.601 views -
Explaining the Role of CSR in Promoting Data Privacy: An Analytical Research
Student at SASTRA Deemed to be University, IndiaPages 2168 - 2175This research paper examines the role of Corporate Social Responsibility Policies in promoting data privacy for its customers in the wake of digitalization of the economies. By analyzing the existing data protection laws and its compliance by the companies, especially in the Indian context it seeks to argue that the fundamental right of privacy is not protected completely and is still under threat due to various reasons such as data loss or data breaches, etc. CSR Policy, aimed at protecting data privacy, by companies which deal with data, especially in AI and IoT, will prove to be more effective in protecting privacy and seeks to further argue that it should be made obligatory for the companies which deal with data to include data privacy as part of the CSR Policy given the amount of power that they are endowed with. This research seeks to examine how the gap, which is created when, on the one hand, customers cannot enforce their fundamental right to privacy under Art. 32 of the constitution against private entities and on the other hand, the regulations made by the state as legislations are vague, incomplete and mere compliance of the same will not ensure complete transparency with respect to how data is used, is bridged when data privacy is part of the CSR Policy of the company.671 views -
Temple Tapestry: Unveiling Cultural Sanctuaries and Architectural Narratives
Student at Symbiosis Law School Pune, IndiaPages 2176 - 2191The Temple Tapestry explores the essence of temples, presenting them as conduits between mortals and the divine, their significance varying across India's diverse cultures. From humble mud structures to intricate stone edifices, temples evolved, mirroring beliefs and architectural prowess. The paper traverse’s distinct regional temple styles. South Indian marvels like Mahabalipuram's Pallava chariots and the Chola's Tanjore temples reveal architectural brilliance. East, West, and Central India boast the Puri Jagannath Temple, Konark Temple, and the Nagara-styled Kandariya Mahadeo Temple in Madhya Pradesh. Southeast Asia echoes India's temple legacy, seen in structures like the ISKCON Vraja Eco Village in the Philippines. Historically, temples date back to the Indus Valley Civilization, evolving through Buddhist and Brahmin influences. The paper delves into temple structures, from the Sanctum Sanctorum to the Shikhara, guided by ancient texts like Vastu Sastra and Indian puranas. Examining temple strengths like spirituality's spread and cultural preservation, it acknowledges weaknesses like government intervention and societal disinterest. Opportunities in tourism, employment, and charitable endeavors emerge while threats encompass mismanagement, encroachments, and societal shifts. Concluding, it advocates for cultural preservation, emphasizing education, better governance, and community involvement, citing examples from ancient texts, historical instances, and contemporary challenges.799 views -
Collegium vs NJAC: Renewed Debate over Appointment of Judges
Student at Narsee Monjee Institute of Management Studies, IndiaPages 2192 - 2197In India, judicial nominations first surfaced as a contentious issue in 1973, after more than 20 years of very harmonious ties between the executive branch and the judiciary. The appointment and selection of judges for India's higher courts has long been a sensitive, important, and divisive topic both within and beyond the legal profession. A collegium system was implemented to choose justices for the higher court, but it was criticized for being oppressive and confusing. The NJAC, which was established by the parliament to replace the collegium system, came under fire for allowing executive interference and interfering with the judiciary's complete independence, which led to the Act's repeal and the re-instatement of the collegium system. As the arguments dragged on for years, numerous problems emerged, including delays in the appointment of judges, an increase in the number of openings on the supreme court and in high courts, issues with the promotion and the rise of judges, a rift between the bar and the bench as well as within the bench itself, among other problems. By doing doctrinal research, we were able to pinpoint the shortcomings in the NJAC's and the existing collegium system's methods and make it clear why neither of the two systems should be allowed to choose, relocation, endorse, and appoint judges.973 views -
Pages 2198 - 2205This study explores the impact of Dalit Bandhu Scheme (DBS) on income growth of beneficiaries. The research analyses data from beneficiaries of the DBS in Yadadri district, revealing a 2.5-fold increase in their income growth fostering a savings culture and creation of assets. Notably, the scheme has shortened the average time taken for doubling of income to 1-2 years instead of 5-6 years and 8-9 years at state and national levels respectively. Beyond economic dimensions, DBS has also positively influenced the social indicators - empowering women and promoting community cohesion among the beneficiaries. These findings underscore the multifaceted positive effects of DBS, highlighting its potential to create inclusive development.813 views
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Book Review of ‘Me Hijra, Me Laxmi’ by Laxminarayan Tripathi
Assistant Professor of Political Science at Faculty of Law, Marwadi University, Rajkot, Gujarat, IndiaPages 2206 - 2210"Me Hijra, Me Laxmi" written by Laxminarayan Tripathi and translated from Marathi to English by R. Raj Rao and P.G. Joshi narrates the remarkable life story of Laxminarayan Tripathi, tracing her evolution from a young boy to a hijra, offering an intimate account of her struggles and triumphs. A survivor of early sexual abuse, she grappled with secrecy and pain, but ultimately found solace and strength within the LGBTQ+ community. Despite adversity, Laxmi carved her path as a dancer and model, navigating the complexities of her identity. The autobiography exposes the societal biases against hijras and queerness, shedding light on their struggles, while Laxmi's unwavering resilience raises questions about privilege and the broader challenges faced by the hijra community.1,603 views -
The Impending Impact of the Drinik Virus on Micro Small and Medium Enterprises
Student at Jamia Millia Islamia, IndiaPages 2211 - 2217As India grapples with the Drink's virus and its impact on big financial institutions, little attention is given to the vulnerability of Micro, Small, and Medium Enterprises (MSMEs) to cyberattacks and the potential havoc that Drinik malware can wreak on this vital sector. This article sheds light on the significance of MSMEs in the Indian economy, their susceptibility to cyber threats, the consequences of cyberattacks, and the association between MSMEs and the Drinik virus. The research underscores the need for MSMEs to invest in robust cybersecurity technologies and empower their employees to counter cyber threats effectively. In developing countries like India, where internet privacy and cyberspace are critical concerns, understanding the impending impact of the Drinik malware on MSMEs becomes crucial. With MSMEs constituting a substantial portion of India's GDP and employment, safeguarding their operations from cyberattacks assumes paramount importance. Limited resources and outdated technologies further exacerbate their vulnerability. This article reveals the potential ramifications of cyberattacks on MSMEs, both in terms of financial losses and reputational damage. To mitigate these risks, MSMEs must prioritise investments in cybersecurity measures and foster a culture of cyber resilience among their workforce.618 views -
ICT Disruption and Standard Essential Patents (SEPs): A Cross-Industry Analysis
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2218 - 2235In an era marked by 4IR technologies, the intersection of Information and Communication Technology (ICT) with intellectual property (IP) laws has set the ball rolling on a dynamic landscape of innovation, regulation, and competition. This cross-industry analysis delves into the abstraction of ICT disruption and its profound implications on IP evolution, exploring subtopic spectrums that underscore the devolving jurisprudence. At its core, the concept of Standard Essential Patents (SEPs) stands as a beacon of collaboration and regulation. SEPs are the bedrock of interoperability in ICT, and their licensing through mechanisms like cross-licensing and patent pools fosters cooperation among industry giants, underpinned by the Fair, Reasonable, and Non-Discriminatory (FRAND) framework, ensuring equitable access to essential technologies. India, a burgeoning ICT hub, navigates these labyrinths with the introduction of Utility Models, complementing patent laws to bring about their objectives. The importance of IP in influencing ICT innovation is not merely tacit, owing to SEPs, Patent Trolls, and Semiconductor Licensing shaping the competitive landscape. The Working Group on Internet Governance (WGIG) leaves an indelible mark, steering global conversations on IP laws and Internet governance, influencing nations in their quest to protect digital innovations. The symphony of Internet Protocol Addressing, Domain Name System, Routing, and Technical Innovations resonates with the legal harmonies of standardisation and security, guided by public policy, shaping the future of internet governance in connection with IP laws. In this cross-industry analysis, we attempt to embark on an innovative evolution through the ever-rolling terrain of ICT disruption and IP evolution, unveiling the challenges, opportunities, and synergies that define the 4IR.1,231 views -
COP28: Moment of Action
Student at St. Stephens College, Delhi University, IndiaPages 2236 - 2240As the global community grapples with the escalating challenges posed by climate change, the 28th Conference of the Parties (COP 28) emerges as a pivotal moment in the ongoing discourse on climate action. This article provides a comprehensive overview of key themes, discussions, expected outcomes from COP 28 and the position of India regarding the meeting in particular, and climate change in general. Drawing on the latest discourses on climate change and policy developments, the article explores strategies for mitigating greenhouse gas emissions, adapting to changing climate patterns, and fostering international cooperation. Additionally, it examines the role of technology, finance, and inclusive governance in shaping the trajectory of climate efforts post-COP 28. By synthesizing diverse perspectives and outcomes, this article aims to contribute to a deeper understanding of the global response to the climate crisis and the pathways toward a sustainable and resilient future.608 views -
Evolution of Social Security in India
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2241 - 2248The International Labour Organization defines Social Security as ‘The security that society furnishes through appropriate organization against certain risks to which its members are exposed’. The right to social security is a critical component of International Labour Standards. Thus, it is essential to promote economic growth while safeguarding the right and well-being of workers. Starting from pre independence era many steps were taken to uphold the social security. Many social security legislations such as Employee Compensation Act, Employees State insurance Act, Employees Provident Funds and Miscellaneous Provisions Act, Maternity Benefit Act, Payment of Gratuity Act, Payment of Bonus Act etc., have been enacted to strike a balance between economic growth and the protection of worker’s rights. However, the issue of wage disparity, occupational health and safety, gender inequality and problems of informal Labour continues. Thus, necessary steps should be taken to address the gap and challenges in the Labour law and Social Security.1,082 views -
Surrogacy Regulations
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2249 - 2258This research project deals with the regulations, legality, and problems of surrogacy in India. One of the significant application of assisted reproductive technology is surrogacy, in which a woman bears a child for another couple. It has developed into a vital medical service for couples who are incapable of becoming parents on their own. Surrogacy is unpopular in many parts of the world due to the complicated social, potential benefits. India is well-known for surrogacy facility, it has passed the Surrogacy Regulation Act, 2021, which intends to outlaw commercial surrogacy and encourage selfless surrogacy for which there is no compensation other than the surrogate mother's medical costs. The practice of surrogacy was first made public in 1980. and were authorized in India in 2002. However, as the year went on, the Government of India became aware of certain shortcomings and improper use of commercial surrogacy. In response, the Indian Council of Medical Research established some rules to stop the abuse of surrogacy. A number of changes were made to the bill as time went on. 2015 saw the outlawing of commercial surrogacy by the Indian government, which also prohibited foreign nationals, or NRIs, from engaging in the procedure. A 2012 UN survey said that India, also referred to as the Cradle of the World, was proclaimed the “World Capital of Surrogacy”.856 views -
Legal Factors affecting the Business Environment
Student at School of Excellence in Law, The Tamilnadu Dr.Ambedkar Law University (TNDALU), IndiaPages 2259 - 2277The Legal business environment determines the success of any business around the world. It promotes economic growth by imposing government taxes and protects the rights of the consumer from any exploitations, unfair means and other illegal factors. It’s pivotal that each business should operate per the law of the realm within which it needs to work. Disobeying the principles may end up in legal bother for the business. This paper was designed with the purpose of finding the legal factors affecting the business environment and also the measures that a business organization should take to overcome those legal issues like signing Non Disclosure Agreements, protecting Intellectual Property, compliance with Business Contracts etc. The authors of this research have also expounded on the legal issues relating to international trade which faces some communication difficulties and cultural differences. The conclusion of the study is that it is essential for companies to stay up to date with the latest changes in rules and regulations as they arise for a continuous success. Furthermore, a thorough comprehension of the legal aspects influencing business establishes the groundwork for risk management, strategic decision-making, and the development of moral behavior.1,806 views -
AI and Personality Rights: Legal Implications
Student at SASTRA Deemed University, IndiaPages 2278 - 2286With the advent of generative Artificial Intelligence, there has been an advancement in the content creation industry, with AI’s generating art such as Music, photographs, and even paintings. The possibilities of generative AI content and their results in recent years have been fascinating, with their ability to recreate any art form to near perfection, making it hard to differentiate between the original and AI-generated content. This advancement however has also brought in its fair share of controversies, with legal questions revolving around Intellectual property rights of such art forms being generated. One such recent controversy was on the issue of “Personality Rights”. This article will be dealing with the issues arising between Personality rights and AI- generated content of such relevant persons.1,154 views -
Smart Policing in India: A SWOC Analysis on New visions
Assistant Professor at School of Criminology and Criminal Justice, Rani Channamma University, Belagavi, IndiaPages 2287 - 2294Smart policing is a rapidly evolving field in modern law enforcement that is gaining increasing importance in India. This research paper provides a SWOC (Strengths, Weaknesses, Opportunities, and Challenges) analysis of smart policing in India, with a focus on new visions for its future development. The analysis highlights the strengths of smart policing, including increased efficiency and effectiveness in crime prevention and reduction, improved ability to respond to incidents in real-time, and improved data analysis and crime mapping capabilities. The Government of India has steadfastly worked to modernise administration and functions in policing by utilizing cutting-edge technological advances. One such venture is digital policing, which is entirely transforming the police system to greater heights. Interoperable capacities within different ministries of governance, while also pan-India applications have been using all across the country to strengthen India's policing. The aim is to provide a comprehensive understanding of the current state of policing in India and to identify areas for improvement and innovation in order to enhance the public safety and security. The study concludes with recommendations for the development of effective and efficient smart policing strategies in India.946 views -
An Explication Dual Facets of Personality Rights in India
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2295 - 2307This paper explores the concept of Personality Rights, focusing on the dual aspects of Right to Privacy and Right to Publicity. While there is no exact legislative definition of Personality Rights, the paper aims to provide a comprehensive definition and identify the scope of these rights. The authors have analysed the key legal precedents, emphasizing the absence of specific legislation governing Personality Rights. From the review of various literature, the paper identifies a research gap in the lack of a clear distinction between publicity rights and personality rights in existing literature. It highlights the need for a statutory definition and scope determination for Personality Rights. The authors also discuss the concept of Character Merchandising within the broader context of Personality Rights. Different perspectives on Personality and Personality Rights are explored, including the common man's perspective and the legal perspective. The paper discusses the importance of personality in individual identity and the legal recognition of Personality Rights as a form of intellectual property. The authors propose that Personality Rights constitute a single body with two heads – Right to Privacy and Right to Publicity. The right to privacy is explored in terms of freedom from unwanted interference, with reference to judicial interpretations and landmark cases such as K.S. Puttaswamy v. Union of India. The right to publicity is defined as the control over the exploitation of one's name, image, or personal characteristics for commercial purposes, limited to celebrities. The paper concludes by addressing the misconception that the right to publicity is intrinsic to the right to privacy and emphasizes the need for legislative intervention to provide clear guidelines and laws governing Personality Rights. The advent of social media and the evolving nature of fame highlight the urgency of addressing this legal issue.1,196 views -
Legal Framework for Artificial Intelligence and Privacy
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2308 - 2322Cyber-crime mainly involves activities that use internet and computers as a tool to extract private information of an individual either directly or indirectly. The technological development in the field of AI becomes a greater threat in the area of right to privacy. The disclosure of personal information on online platforms which includes names, addresses, financial information and sensitive information from medical records to dating apps the personal information was hacked without the person’s consent or making threads with the aim of degrading the reputation or causing mental or physical harm. The freedom of association is constrained among the individuals by the usage of AI technologies which compromise people's privacy. The interference of AI happens mostly due to the fact that more than half of online users have limited knowledge of how online platforms work, are uninformed about technical improvements, and have limited computer literacy sufficient education and training. In the 21st century the vast development of social media was a major thread to right to privacy. Social Media accounts such as Facebook, Instagram were mostly getting into the hacker hands and anonymous messages have been sending by the hacker to various accounts. Women’s are mostly targeted cyber stalking, cyber pornography, impersonation etc. This research paper mainly focuses with how AI have interfered into the life of the individuals by using online platforms by hacking the personal information of individuals by data theft and misused the social media accounts by creating fake profiles and sending anonymous messages. This paper defines separately about various terms such as cybercrime, privacy, AI and Acts which are covering right to privacy with a comparative study.1,389 views -
Exploring the Patentability of AI Inventions: Legal and Ethical Challenges
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2323 - 2335As technology progresses, we are witnessing a growing prevalence of inventions produced through Artificial Intelligence (AI). These inventions, which are created by computer systems autonomously or with minimal human intervention, are becoming increasingly common. In this context, the role of human creativity in such inventions becomes less apparent, while the process of invention itself becomes more accessible, as the AI takes on a substantial portion of the cognitive workload. Uncertainty might arise in circumstances in which AI provides the creative input and no human creativity is required. The main issue here is that the patent law continues to be based on the presumption that only human beings are capable of inventing. Therefore, "inventions without an inventor" will be rejected by courts and patent offices. If we don’t fill with an update in this void, a system meltdown is unavoidable. A patent modernization is absolutely necessary in the age of Artificial Inventions. This paper deals with Artificial Intelligence inventions and their Patentability. The Challenges faced by the Corporations using AI to create new inventions. The disparity between the existing legal framework and the current demands are discussed in depth. In light of this, recommendations are suggested for updating the existing law in order to maintain the effectiveness of the patent system.687 views -
Corporate Governance for Unlisted Companies
Student at SASTRA Deemed University, IndiaPages 2336 - 2344This article examines the landscape of corporate governance in India, specifically focusing on both listed and unlisted companies. Governed by the Companies Act, 1956, and overseen by regulatory bodies like SEBI, listed entities adhere to stringent compliance standards. In contrast, unlisted companies face distinct challenges due to the absence of dedicated regulatory oversight. Influenced by the Anglo-Saxon model, the corporate governance framework in India witnessed regulatory changes in 2015 through the Listing Obligations and Disclosure Requirements (LODR). Unlisted companies, ranging from startups to state-owned enterprises, present unique challenges for regulation. While the Companies Act provides a common framework, differences in ownership structures, regulatory focus, and the private nature of these entities necessitate nuanced governance approaches. Challenges in regulating unlisted companies arise from factors like concentrated ownership, regulatory focus on public markets, and the private nature of these entities. The article outlines reasons for a more lenient regulatory approach, including flexibility for innovation, voluntary compliance, and resource constraints faced by regulatory bodies. Recent developments indicate discussions within the Company Law Committee to subject larger unlisted firms to a more stringent regulatory environment. Issues at Byju's underscore the importance of enhanced scrutiny, prompting considerations such as mandatory quarterly financial reporting for unlisted companies. The article suggests voluntary practices that unlisted companies may adopt to ensure corporate governance, including training programs, whistleblower mechanisms, board committees, ethical guidelines, and transparent financial reporting. The absence of a fixed regulatory authority allows flexibility for unlisted companies to tailor governance measures based on their unique circumstances. In conclusion, the article emphasizes the need for a balanced regulatory approach, considering the diversity of unlisted companies. Recent developments and discussions indicate a proactive stance toward addressing governance concerns. The voluntary adoption of best practices and periodic governance audits are seen as crucial steps toward building stakeholder trust.1,109 views -
Right to Information Vs Right to Privacy: Judicial Approach to Exemption from Disclosure of Information
Pursuing Masters in Journalism and Mass Communication at UP Rajarshi Tandon Open University, Prayagraj, U.P., IndiaPages 2345 - 2351Right to privacy is recognized as fundamental right by virtue of Article 14, 19 and 21 of the Constitution of India. Therefore, when revealing information under RTI Act, it must be ensured that it does not jeopardize and individuals’ liberty or dignity. In a number of cases, the Apex court has held that the most important value for the functioning of a healthy and well-informed democracy is transparency. The competent authorities under RTI regime have to harmonize the conflicting interests of information seekers and information providers. The rights of third parties and prayers for disclosure of information have also attracted considerable attention of Central and State Information Commissions, Appellate authorities and higher judiciary since the introduction of Information Act which provides that where the Central or State Public Information Officer intends to disclose any information or record which relates to third party and has been treated as confidential by the third party, a written notice has to be issued to the third party. It is now well-established fact that the scheme of Information Act is premised on disclosure being the norm and refusal the exception.776 views -
The Digital Frontier: Navigating Human Rights in the Age of Tech Transformation
Student at SASTRA Deemed University, IndiaPages 2352 - 2366In the advent of the digital era, the innovation and the development of technology is at a higher strike and currently the AI (artificial intelligence) is at the transition phase and transmutation of human life is a concern. Now the ascendency of the technology impacts human rights and the privacy of individuals is revitalised. This paper explores the thin border of the human rights and the emerging technology and it mainly strikes balance between the both. It focuses on the protection of the individual rights and protect their privacy. This study examines instances where AI has enhanced human rights while also posing a threat to them through case studies from the real world. This study delves on the various suggestions for how individuals should work together to promote an AI future that is human-centric and subsume the digital platform and the individual liberty. Technology has transformed the way we live, work, and interact with each other. It has revolutionized the world, making it easier for us to connect with people from all corners of the globe, to access information, to conduct business, and to enjoy entertainment. However, as we continue to embrace these technological advancements, we must also consider the human rights implications. The digital frontier presents a new set of challenges for human rights, such as privacy, freedom of expression, and the right to access information. In this article, we will explore these challenges and discuss the ways in which individuals, organizations, and governments can navigate the digital frontier while ensuring the protection of human rights.752 views -
AI Liability and Accountability: A Complex Landscape in an Evolving World
Student at SASTRA Deemed University, IndiaPages 2367 - 2374Artificial intelligence (AI) is rapidly transforming our world, with applications in virtually every industry and sector. As AI systems become more powerful and autonomous, it is essential to consider the potential for damages that they could cause. Imagine AI breaches the codes of law or causes any damage, who is liable for damages caused? This is a complex question with no easy answer. Liability will depend on the specific facts and circumstances of each case, as well as the applicable legal framework. However, there are a number of factors that could be considered, including the designer, developer, manufacturer, owner, operator, and user of the AI system, as well as any third-party that contributed to its development or use. In addition to the question of liability, there is also the question of accountability. Who should be held accountable for AI damages? This is a broader question, encompassing not only legal responsibility, but also moral and ethical responsibility. Accountability is important because it helps to ensure that those who are harmed by AI systems have access to justice and that those involved in the development and use of AI systems are held responsible for their actions. There are a number of challenges to developing a legal framework for AI liability and accountability. One challenge is the complexity of AI systems. It can be difficult to determine who is at fault when an AI system malfunctions, especially if the system is being used in a complex or unexpected way. Another challenge is the difficulty of anticipating all of the potential ways in which AI systems could cause harm. AI systems are constantly evolving, and new applications are being developed all the time. This makes it difficult to develop laws and regulations that can keep up with the pace of change. Despite these challenges, it is important to develop a legal framework for AI liability and accountability. Therefore, this research article aims to discuss the liability and accountability regimes in place and its flaws to help to protect the public from harm and ensure that the benefits of AI are realized in a responsible and equitable manner.1,185 views -
Should Indian Courts give respect to the Judgments Passed by Foreign Courts?
Student at Jamia Millia Islamia, IndiaPages 2375 - 2387This paper analyses various judgments, orders passed by foreign courts of competent jurisdiction and these judgments have been recognized by Indian courts. Additionally, it also tries to find whether people are aware about the enforcement or recognition of foreign judgments. And the paper also sees whether the Indian courts gives equal weightage to these judgments. This paper contains non-doctrinal research conducted with the help of a questionnaire (in the form of google form). The questionnaire includes 13 questions out of which 10 questions are main. This questionnaire has collected responses from 52 people whose identities are kept anonymous. The main purpose of this questionnaire is to find if people who are from legal and non-legal whether they are aware about the enforcement or recognition of foreign judgments in Indian courts.711 views -
Natural Law Theory and its Applicability in India
Assistant Professor at Binoda Law College, Durgapur, West Bengal, IndiaPages 2388 - 2398With its roots in Ancient Greek and Roman philosophy, the natural law tradition of morality and jurisprudence was refined and systematized by scholastic thinkers, most notably Thomas Aquinas, and is still relevant today. This essay concentrates on the core tradition of natural law theory, describing its fundamentals and paying special emphasis to its consequences for politics and the law, as well as its relationship to the social and behavioral sciences.863 views -
Civil Procedure Code: Costs in Civil Suits
Student at National Law School of India University, Bangalore, IndiaPages 2399 - 2409The concept of ‘costs in civil suits’ is like an old wine in a new bottle. Although owing to its contemporary adoption, the term may give an impression of a novel concept, it still retains its connotations to the age-old common law. Costs are statutory allowances paid to the winning party as a reimbursement for their expenditure in the conduction of the suit. This leads us to the question of the significance of the imposition of costs in the Indian context. Why do we need them? The judges have undisputedly an extreme workload of cases, with numerous judgments pending. Hence, imposing costs to civil suits deters the filing of bogus suits and prevents any unnecessary delays in the justice system. In this paper, we will dwell on the provisions of the Civil Procedure Code (CPC), of 1902. Then, we will dwell on the kinds of costs along with their principles. Next, we will look at the problems of the current civil code, with special emphasis on the cost cap of Rs. 3000 as compensation for vexatious suits. We will then swing into the solutions suggested in the 240th Law Commission Report for the imposition of realistic costs for the vexatious suits. Lastly, we will do a comparative analysis by juxtaposing the United Kingdom’s Civil Procedure Rule of 1998 with India’s Civil Code of 1902.709 views -
Analysis on the Role of Karta under Hindu Law
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2410 - 2415The role of the Karta under Hindu law is a fundamental aspect of family governance and property management within Hindu Joint Families (HUFs). This abstract explores the pivotal position of the Karta within the framework of Hindu law, shedding light on their rights, duties, and responsibilities in the context of family affairs. The Karta, typically the senior-most male member, is entrusted with the administration of the HUF's joint property. This analysis delves into the historical origins of the Karta's authority, rooted in ancient Hindu texts and customs, and its evolution within the modern legal system. Central to this exploration is an examination of the Karta's powers and limitations. It discusses their ability to make financial decisions, enter into contracts, and represent the HUF in legal matters. Moreover, it highlights the delicate balance between their authority and the rights of other family members, including female heirs and coparceners. The study also addresses the contemporary challenges and shifts in the role of the Karta, such as the impact of legal reforms that grant equal inheritance rights to daughters. It assesses the implications of these changes on the traditional family structure and property management practices within HUFs. This abstract seeks to provide a concise overview of the role of the Karta under Hindu law, emphasizing its historical significance, contemporary relevance, and the ongoing legal debates and reforms that shape this vital position within Hindu Joint Families.1,088 views -
State Responsibility on Cyber Attacks: Legal Frame Work and its Implications
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 2416 - 2426The distinction between conventional warfare and clandestine state-sponsored activities has become more hazy in the digital age as cyber strikes have become a pervasive and disruptive type of aggression. The "State Responsibility for Cyber Attacks" within the framework of international law is the topic of hour. Understanding how states are held responsible for their involvement in such operations is of utmost relevance given the frequency and sophistication of cyber attacks. The need for hour is a thorough analysis of the legal system governing state liability for cyberattacks, which includes international treaties, common international law, and state practise. The complex network of laws and standards that govern this field and deals with the difficulties of linking particular state actors to cyberattacks are to be carefully watched before giving decisions. This article digs in into the practical implementation of state accountability principles through an investigation of well-known case studies and actual instances involving state-sponsored cyber activities. The international community's responses to cyberattacks and efforts to ensure accountability are closely examined, including those of the United Nations and other institution.749 views -
Domestic and Foreign Institutional Investors in Emerging Markets
Student at SASTRA Deemed University, IndiaPages 2427 - 2434In the domain of company law within emerging markets, the roles and regulatory considerations for domestic and foreign institutional investors present dynamic challenges and opportunities. Domestic institutional investors, comprising entities like pension funds, mutual funds, and insurance companies, navigate the regulatory frameworks of their home countries. These regulations often emphasize investor protection, market integrity, and financial stability. In contrast, foreign institutional investors operate across borders and must navigate the legal intricacies of emerging markets. Their involvement is subject to host-country regulations, encompassing compliance with local company laws, disclosure requirements, and corporate governance standards. Striking a balance between attracting foreign investment and safeguarding domestic interests remains a focal point in emerging market company law. The legal landscape shapes the dynamics of corporate governance, decision-making processes, and the protection of investor rights. As emerging markets evolve, the interplay between domestic and foreign institutional investors within the framework of company law plays a pivotal role in shaping the trajectory of these markets and fostering a regulatory environment conducive to sustainable economic growth. In this paper, there is a major comparison between Domestic and Foreign Institutional investors and their impact in India as well as Korean stock exchange. The role of investors in any emerging markets play a vital role in offering substantial growth development. This study investigates how trading by Foreign Investors and Domestic Institutional Investors improves firm- specific information by overall development and how it is incorporated into stock prices synchronicity. It further highlights their impact on investment strategies, corporate governance and economic growth. The comparison between Foreign Investors and Domestic Institutional Investors brings out trading by foreign and domestic investors that led to decrease in stock price synchronicity. Among domestic institutions, short- term investing institutions such as securities and investment play an important role in incorporating firm- specific information into stock price compared to banking and insurance companies that are long- term investing institutions. Foreign investors trading companies are treated better for incorporation of firm- specific information in connection with aggregate domestic institutions. Furthermore, how both foreign and domestic institutional investors form their game plan and how they implement it in an economy and also to find how they hugely impact the upcoming and emerging markets in the Indian economy.702 views -
Agatha Christie vs Registrar of Trademarks: An Analysis
Student at SASTRA Deemed University, India.Pages 2435 - 2441In the ever-evolving tapestry of global commerce, the TRIPS Agreement serves as the orchestral score, harmonizing the symphony of intellectual property rights. This article embarks on a profound analysis of trademark protection, threading through the intricate dance of legal obligations, from the inception of India's Trade and Merchandise Marks Act, 1958, to the refined notes of the Trade Marks Act, 1999. As we traverse this intellectual landscape, the narrative unfurls the tale of Agatha Christie, the maestro of mystery, and her timeless work, "And Then There Were None." The High Court drama unfolds, spotlighting Agatha Christie Limited's quest for trademark registration, a saga infused with the essence of distinction and legacy. The judicial ballet, led by the astute Justice Hari Shankar, examines the rejection of the trademark with a lens that transcends mere legalities. A whimsical inquiry arises – can a phrase like "AND THEN THERE WERE NONE" be a trademark, a beacon of identity? The Judge, much like an innovative visionary, dissects the case through legal lenses, unravelling the fabric of Sections 9, 11, and 13. In the brilliant illumination of the judgment, the article contemplates the nuanced dance between literary brilliance and trademark protection. It questions whether the fame of literary titles, akin to Agatha Christie's masterpiece, warrants a distinct category in the symphony of trademarks. The analysis traverses the evolving trends in trademarks, pondering if iconic book titles deserve a realm of their own.684 views -
A Study on Taxation Laws on Foreign and Indian Online Streaming Platforms in India
Student at School of Law, SASTRA University, IndiaPages 2442 - 2450This manuscript provides a concise overview of the taxation laws governing foreign and Indian online streaming platforms in India. The Indian government has implemented a set of tax regulations aimed at both levelling the playing field and generating revenue from the booming digital entertainment industry. The tax regulations that are applied to international internet streaming services that operate in India are covered in the first portion of this examination. The Equalisation Levy, also known as the "Google Tax," was implemented as part of this, and it puts a 2% tax on the money that foreign digital service providers get from Indian customers. Additionally, there are different rates of the Goods and Services Tax (GST) (with rates ranging based on the cost) applicable to subscription costs paid to overseas streaming services. A permanent presence in India for tax purposes is an idea that is also looked at. The second part of the article focuses on the tax regulations that apply to Indian online streaming services. Domestic businesses in this sector are required to pay corporate income tax on their earnings, which normally ranges from 25% to 30% depending on turnover. They are also required to collect and return GST at rates based on the price of the subscription. In addition, certain Indian states have proposed or implemented Digital Services Taxes (DST) on the income produced by suppliers of digital services, expanding the tax landscape. The paper emphasizes how these tax policies may affect the competition in the internet streaming sector. It highlights the worries that these restrictions would create an unfair playing field, favoring domestic platforms, and it looks at the difficulties in enforcing tax compliance and collecting money from overseas streaming platforms. This comparative study also examines the global repercussions of India taxing foreign digital services, which have sparked concerns about tax and trade treaties. Last but not least, it talks about how these tax regulations can affect customers and possibly raise subscription prices.1,056 views -
Hybrid Tribunals as an Effective Instrument for Dispute Resolution under International Criminal Law: An Analysis with Special Reference to Court of Lebanon
Assistant Professor at Maharashtra National Law University, Nagpur, IndiaPages 2451 - 2465Hybrid tribunals have been established in recent years for investigating and prosecuting individuals accused of gross violations of international human rights law and international humanitarian law. They are termed 'hybrid ‘as their composition, and applicable law embraces both international and national elements. Currently, there are six tribunals in operation, namely, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Judges and Prosecutors Programme in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal, and the Special Tribunal for Lebanon. Different mechanisms have established them. The present paper seeks to highlight the key elements of these tribunals, which are common to all and their advantages and disadvantages. The prime focus of this paper is the Special Tribunal for Lebanon which is a unique model in itself. It also discusses how these hybrid tribunals place themselves within the framework of international criminal law and the justice system.640 views -
International Arbitration Proceedings where State Entities are Party
Advocate at Tamil Nadu, IndiaPages 2466 - 2483This research paper deals with the concept of international arbitration and the necessity of the requirement of international laws to bring a State or a State entity as a party to the arbitration and thus covering the void of bringing the above-mentioned entities into a liability. Global diplomacy is the widespread solution that is used by countries to settle a dispute. There are certain cases where this fails. The State appears in front of the International courts to settle these disputes. The International Chamber of Commerce has its system and rules set for international arbitration where the State or a State entity can be a party. The gap between ‘the effectiveness of this setup being under the radar of doubt’ and ‘the antagonizing principle of Westphalia Sovereignty of the nations’ when the State or State entities are the parties in an International arbitral proceeding is researched and found. The results of this study are crucial to implementing effective measures in international arbitral proceedings to bring the states and state entities into the umbrella of liability. The status quo is widely discussed by analysing contemporary incidents and the findings are used to try and prove the requirement of a more effective mechanism of arbitration by abiding by the principles of international law.631 views -
Protecting Lives or Profiting?: India’s battle against Evergreening and Public Health
LL.M. Student at National Law Institute University, Bhopal, IndiaPages 2484 - 2490This article explores the intricate connection between public health access to necessary medications in developing nations and intellectual property rights (IPRs), with a particular emphasis on India. It looks at the problems with "evergreening" patents—many pharmaceutical corporations make little changes to already-approved medications in order to prolong their patent life and keep them at high prices. The study makes the case that restricting evergreening is essential to guaranteeing poor countries' access to reasonably priced medications and advancing public health. The analysis also encompasses the latest modifications implemented to the Indian patent legislation and their possible implications for harmonizing the concerns of public health and innovation. Finally, the study emphasizes how important it is that future judicial rulings and interpretations clarify the meaning of the "efficacy" criterion in order to promote real innovation and knowledge exchange while protecting the public health.609 views -
Protecting Innovations: The Role of Patents in the Pharmaceutical Industry
Student at Sastra deemed University, Thanjavur, IndiaPages 2491 - 2497Intellectual property rights (IPR) have become crucial for conserving innovation, facilitating R&D, and ensuring fair competition in the rapidly evolving field of medicine. This paper aims to place particular emphasis on the role of patents in the protection of the pharmaceutical industry. Since it stimulates innovation, investment, and creativity along with offering incentives to produce innovative medications and therapies, patent protection is a prerequisite for the perpetual growth of the pharmaceutical sector. This paper aims to study how patents, on the one hand, guarantee and regulate access to reliable and effective medicines, and the other hand foster creativity and innovation. The study also aims at how patents can be an integral tool to promote Research and development in the Pharmaceutical Industry, which in turn can be used for providing patients with quality drugs and a committed medical system along the continual evolution of the healthcare industry. It also aims at how this protection is of significance for the producers in the pharmaceutical industry, in terms of monetary and non-monetary benefits.768 views -
Legal Aspects of Child Adoption in India
Student at SASTRA Deemed University, IndiaPages 2498 - 2503Child adoption is one of the most important concepts that every people should be aware of. Many families are without child and many children doesn't have families. Always a child wants a family for betterment and family wants a child for its future. The concept of child adoption is introduced only to join the family and child were both are in need. The concept child adoption also improves the lifestyle of a child. This article is about the legal procedure of child adoption in India. It also says about the duties of adopted parent and the adopted child after adoption. It gives information about the adoption agency and the legal procedure that should be followed by those agencies while giving a child for adoption.658 views -
Ensuring Protection of Women’s Land Rights in Bangladesh: A Way Forward to Achieving Women Empowerment and Gender Equality
Lecturer at Department of Law, Noakhali Science and Technology University, BangladeshPages 2504 - 2523Land is considered as a symbol of prestige and power all over the world. It raises the status of a person in a society. Although women currently constitute more than half of the total population in Bangladesh, they are deprived of their land rights which is essential for their personal and social security. Even after acquiring their land rights, it becomes difficult for women to enjoy their rights over land. Also, existing legal system and administration are not compatible enough for women to enjoy their rights over land. Keeping these matters in mind, this paper aims to find out the factors which put a bar to women’s access to land. Moreover, this paper seeks to analyze women’s land rights in light of the provisions of the Constitution of Bangladesh. Further, this paper also intends to examine and evaluate women’s right to land in light of domestic laws and relevant international instruments as well. Furthermore, this paper also intends to analyze the socio-economic impact of women’s access to land. This paper aims to establish the nexus between ensuring women’s land rights and achieving women empowerment and gender equality. This paper purports to emphasize that ensuring protection of women’s land rights will pave the way for achieving gender equality at an accelerated pace. Finally, after analysis of women’s land rights within the ambit of the Constitution and existing domestic and international legal instruments, this paper intends to put forth recommendations in order to ameliorate the socio-economic conditions of women by ensuring their land rights.751 views -
Human Rights of Aged and Disabled, Violation if their Rights
Student at Markaz Law College, IndiaPages 2524 - 2549Human rights attach to all persons equally, by virtue of their humanity, irrespective of race, nationality or membership of any particular social group. They specify the minimum conditions for human dignity and a tolerable life. Human rights are those which inherent to all human dignity and a tolerable life. In this democratic country even when all the law are written their rights being violated in many ways. Vulnerable groups they are considered to be vulnerable because their voice are being fastened. What can unfasten those ties lays within our hand. We deal with human beings, they’ve life, flesh and blood. They’ve hopes and aspiration, they’re part and parcel of the society. The pain of unjust world, the deep rooted evil of some mankind. Justice can’t hide for all of our lives, there’s got to be a change of tide, if you are fasten by ropes and your hands are tied the pain you feel lets trigger it through your voice. In this fast progressing world least we think about the people are least asset to this world. Often people ignore the species are not for use while they are also humans who have hope, aspiration, dream and who are willing to live happily and peacefully. In HUMAN RIGHTS OF AGED AND DISABLED in this rights they’ve provided several rights still they’re being neglected because of their age and disability. To build a nation there need everyone’s hands together to keep up with each other. Kinds of discrimination that people face due to age and disability are: Discrimination occurs not only based on colour, sex, nationality etc… in all these category age and disability were part of it. Even if you look around you can find out that, Toilets, washroom for disabled people are less, even in public area. Disabled people should called as “Differently abled” people while most of them are not using this term. Still now there’s age limitation for job opportunity (in some category), education etc. Guaranteed protection for these people are not 100% sure. Hidden talents being neglected due to their age and disability.555 views -
An Analytical Study on the Socio-Economic and Legal Inequality in India
Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai, IndiaPages 2550 - 2559This doctrinal research paper provides a comprehensive examination of the intricate landscape of socio-economic and legal inequality in the context of India. The study delves into the multifaceted dimensions of inequality, exploring its intricate connections with historical legacies, cultural dynamics, and the evolving socio-legal framework. It scrutinizes the intricate interplay between socio-economic disparities, encompassing income inequality, educational discrepancies, and disparities in healthcare access, and the legal structures that either perpetuate or seek to redress these inequalities. Through an extensive analysis of constitutional provisions, legislative enactments, and judicial pronouncements, the paper critically assesses the effectiveness and limitations of legal mechanisms in addressing socio-economic and legal inequality. It investigates the roles and responsibilities of governmental institutions, including the judiciary, in promoting and safeguarding social justice and equality. The prevalence of such inequalities significantly hampers India's progress towards achieving a more equitable and just society. Moreover, the research paper highlights the implications of systemic biases, discriminatory practices, and policy gaps on marginalized communities and vulnerable segments of the population, particularly focusing on the challenges faced by disadvantaged groups in accessing justice and socio-economic opportunities. By synthesizing a broad array of legal and socio-economic literature, along with empirical evidence, the paper presents nuanced insights into the complexities of inequality, shedding light on the broader societal implications and the prospects for building a more equitable and inclusive society in India. It also provides an insight into details and current scenario in India with the causes, effect and impact caused due to these disparities of inequality in different arenas.1,293 views -
Stake of Minority Shareholder during CIRP
Student at Symbiosis Law School, Nagpur, IndiaPages 2560 - 2569This paper aims at providing the readers a comprehensive understanding and a deep insight of minority shareholder rights during insolvency proceedings. It analyzes the current state of shareholders rights as under the Insolvency and Bankruptcy Code (IBC) and highlights it with the help of relevant landmark judgments. Additionally, it describes and talks about the guaranteed rights of minority shareholders under the Companies Act. By analyzing the various international perspectives on protecting minority shareholder rights, the authors have built a foundation for suggested policy implementations and concludes by emphasizing the urgent need to safeguard stakeholder interests during insolvency.682 views -
Legal Framework and Emerging Trends of Shareholder Activism in India
Ph.D. Research Scholar at Himachal Pradesh National Law University, Shimla, IndiaPages 2570 - 2581“This article delves into the intricate landscape of shareholder activism within the Indian context, examining its legal framework and the evolving patterns that have surfaced. Amidst the dynamic economic and corporate climate of India, shareholder activism has gained momentum, reshaping the traditional dynamics of corporate governance. The piece meticulously scrutinizes the legal infrastructure governing shareholder activism in India, analyzing statutes, regulatory frameworks, and judicial precedents that set the stage for shareholder engagement. Furthermore, it dissects the emerging trends within this sphere, exploring the shifting tactics, motivations, and strategies adopted by shareholders to wield influence and catalyze change within corporations. Through a comprehensive review of case studies and recent developments, the article aims to provide a nuanced understanding of the multifaceted nature of shareholder activism in India, shedding light on its impact, challenges, and potential implications for corporate governance and the broader business landscape.”727 views -
Dynamic Foundations: The Unfolding Narrative of Basic Structure Doctrine in Indian Jurisprudence, Safeguarding Fundamental Rights, Judicial Oversight in Constitutional Amendments, and its Contemporary Significance
Student at Markaz Law College, IndiaPages 2582 - 2599The Basic Structure Doctrine is a fundamental principle in Indian constitutional law, introduced by the Supreme Court of India in the Kesavananda Bharati v. State of Kerala case in 1973. It asserts that certain constitutional features, such as democracy, secularism, socialism, judicial review, and fundamental rights, cannot be altered by Parliament under its constituent power. This doctrine has been a subject of intense debate and controversy, with proponents arguing it is necessary to safeguard the Constitution's core values from majoritarian rule, while opponents argue it is undemocratic and undermines Parliament's sovereignty. The doctrine has evolved over time through a series of judicial pronouncements, with the Supreme Court identifying seven fundamental features of the Constitution but leaving room for further determination by the judiciary. It has also been used by the Supreme Court to strike down constitutional amendments deemed violative of the Basic Structure, such as the First, Fourth, and Seventeenth Amendments in the Golak Nath case (1967). This comprehensive exploration delves into the evolution of the Basic Structure Doctrine in Indian Jurisprudence, focusing on its pivotal role in safeguarding fundamental rights, judicial intervention in constitutional amendments, and its contemporary relevance. The research reveals the doctrinal progression from pre-Kesavananda Bharti jurisprudence to the establishment of the Basic Structure Doctrine, elucidating its pivotal role in safeguarding fundamental rights by delineating limits on parliamentary authority for constitutional amendments.834 views -
Impact of Goods and Services Tax Laws on Businesses and Consumers in India
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 2600 - 2618In the following paper, a study with regard to the implementation and framework of the Goods and Service Tax (GST) Laws is presented. GST was enacted following the 101st Constitutional (Amendment) Act 2016.It describes how the GST abolished multiplicity of Indirect taxes in India and helped overcome economic confusion caused by the complex tax structure, hence creating a simplified and unified tax system in India. This study aims to figure out how the advent of the GST has affected some businesses positively while others negatively and it also gives an insight on GST from consumer’s perspective since they are equally affected by the introduction of GST. This is a conceptual research paper since it studies the concept and framework of GST based on past literature, books, journal, research papers and articles etc. The study is based on secondary sources of data or information. Relevant websites, Govt. Publications and research papers have been referred to carry out the study effectively. Also, eventually this study also helps in understanding how the overall evolution of numerous taxes being subsumed into GST by the GST Council is crucial in determining how it affected the Indian Economy and further created the socio-political disruption in India.804 views -
The Pandemic Shock on Employment and Labour Structure: An Empirical Based Study
Associate Manager at Quality Council of IndiaPages 2619 - 2628The paper attempts to understand the effect of the pandemic COVID-19 shock on employment and the labour market in India by examining the vulnerabilities of the workforce using data from the Periodic Labour Force Survey for the year (2018-19). The paper is divided into six sub-heads and authors have analyzed the reports. Firstly, explaining the topic or explaining the whole idea about the topic i.e. according to different organizations like the International Labour Organization (ILO) and the Asian Development Bank (ADB) who states that nearly 41 lakh youth in our country lost their jobs due to the Covid-19 pandemic which is a huge number. Monitoring the Indian Economy, unemployment rates in April and May 2020 stood at over 23%, which later on increased from a rate of 7% at the same time year 2020. Secondly, it talks about the global recession which has been seen in many countries especially the economic crisis in many countries. Thirdly, how the step of migration affected the whole employment thing in India. The largest number of migrants set off from the states of Bihar, UP, Bengal and Assam. I have mentioned bar data from Census 2011 which clears out the real image. Next, this pandemic showed its effect on micro-small and medium enterprises (MSME), specifically in retailing, tourism transportation, etc. Examining the vulnerability of India’s workforce according to the Periodic Labour Force Survey (PLFS, 2018-19) requires everyone to understand the basic structure of the country’s workforce. Further determine the employee arrangement 90% of India’s workforce/ labour class is engaged in informal work arrangements.75% of the workforce was engaged in self-employment and casual wage employment. In India, the rate of unemployment in India was seen around six per cent. The authors have shown the n actual Distribution of Workers by Employment Status in 2018-19 in a table form where the age of workers is 15 plus. Now, to access the security benefits there is another parameter that enables us to understand the actual vulnerability of Regular Wage Salaried workers the degree of job security and their contract offers. Then there is sector-wise composition of the workforce according to ILO (2020) which has classified sectors based on their susceptibility to the ongoing crisis. To overcome these problems government have come up with different policies, benefiting the labour sector i.e. Pradhan Mantri Garib Kalyan Yojana. Protection of low wage regular formal jobs in enterprises. Lastly, the conclusion which clearly states that ‘Yes’ COVID-19 crisis has increased the problem of high unemployment and weak aggregate demand that the Indian economy was grappling with even before the onset of the pandemic.603 views -
Marital Rapes in India Disharmony between Laws and Fundamental Rights
Research Scholar at Bennett University, IndiaPages 2629 - 2638Marriage is a union between a man and a woman for love and respect. It has great cultural and societal importance and is considered a basis for the formation of a civilized society. However, its importance and relevance diminish when the husband treats this relationship as a license for sex. Marriage does not authorize the husband to commit an act that is similar to the offence of rape with his wife. This research paper focuses on the issue of marital rape in India. It explains that laws that are connected to the act of marital rape directly or indirectly and would try to show how these laws are not only inconsistent with the other local laws but also violates the fundamental rights provided under the Constitution. The paper discusses Exception 2 of Section 375 of the Indian Penal Code,1860, and its insufficiency to counter the act of marital rape and how it is not in accordance with the Constitutional principles. This paper also examines Sec.376B of the Indian Penal Code, 1860 in the context of marital rapes. It further analyzes some provisions of the Domestic Violence Act, 2005 which provides statutory protection in the form of remedies of the civil nature to victims of domestic abuse. Such domestic abuse implies the act of marital rape. After exploring various laws this paper finally analyzes the split verdict in the judgment of RIT Foundation v. UOI which is related to marital rapes in India.579 views -
Comparative Study of Patentable and Non-Patentable Subject Matters in India, United States of America and Europe
Managing Partner at LegisFortis Legal Solutions LLP, IndiaPages 2639 - 2655IP protection is a negative right as it stops people from infringing the granted IP and let the innovator enjoy the monopoly for certain period. With the emerging competitive world, the importance of protecting the ideas, innovation, and creation is imperative. Companies, Universities, Inventors all over the world are investing lot of time and money to protect their intellectual properties. Companies are driven with the thought of enjoying monopoly and ultimately the monetary benefit, but what goes behind this is a huge process. The process of bringing that product from Lab to market with Patent and trademark is not easy. With all the technical knowledge playing important role in the process, the main aspect will always be the protection of the innovation and research outcomes. The study below will put a clear construal especially for the scientific community as it can be very hard on them considering the intricacies. The study’s focus is on and for the researchers, scientist, and academicians to make them appreciate their inventions and its patentability scope in different jurisdictions (India, US and Europe). The study focuses on grey subject matters in the field of Patent Law: living organisms, medical devices and procedures, software in above mentioned jurisdictions. The study aims to make it easy for all those aspiring filers (willing to file a patent application) to better understand the patentable and non-patentable subject matters in India, US, and Europe. Here, the study will compare the set laws in these countries and read between the lines to understand the inference and construction in detail.916 views -
The Impact of Judicial Activism on the Enforcement of Fundamental Rights in India
Research Scholar at School of Law, MVN University, IndiaPages 2656 - 2667One prominent characteristic that characterizes the Indian legal system is the prevalence of judicial activism and the near institutionalization of governance through the court. This form of activism is frequently supported by legal professionals specializing in activism, individuals engaged in social activism, journalists, and various other contributors. The apex court of India has demonstrated a commendable ability to safeguard and advance fundamental rights through the application of inventive judicial power. This approach, commonly referred to as judicial activism, has proven to be effective in its endeavors. The judiciary enhances its function through the utilization of public interest litigation (PIL), employing various techniques and procedures. This study seeks to provide a comprehensive overview of the phenomenon of judicial activism & Public Interest Litigation (PIL) in their role of advancing the fundamental rights of marginalized and vulnerable populations.642 views -
Resolving the Conundrum of Jurisdiction in Conflict of Laws: A Private International Law Approach
Assistant Professor of Law & Faculty Convenor Technolawgy Society at School of Law, UPES, Dehradun, IndiaPages 2668 - 2685The purpose of this article is to study the modern concept of jurisdiction in conflict of law. With the advent of globalization and commercial transactions, the issue of jurisdiction takes a strategic position for the forums who decide disputes of such nature. With the increasing e commerce and cross border transactions, emerge the unique issue of ascertainment of jurisdiction in disputes at hand. There are various theories that support diverging approaching to tackle the conflict in jurisdiction. However, private international law has answers to this particular issue. This study analyses the development of this concept in common law countries. Its relevance in the present can be appreciated through the eyes of judges and various scholars of conflict of law espousing this issue. The modern concept of jurisdiction is unable to establish a nexus between the root of the problem and its solution. The concept of jurisdiction under private international law is not crystallized. The primary objectives of research are to come out with a comprehensive idea of jurisdiction under private international law. Further, to study various theories which cull out jurisdiction in conflict of law cases.642 views -
Evolution of Principles Common to All Acts of Insolvency
Assistant Professor of Law & Faculty Convenor Technolawgy Society at School of Law, UPES, Dehradun, IndiaPages 2686 - 2699Insolvency laws have evolved in India with the Insolvency and Bankruptcy Code, 2016 being a consolidated law on the legal aspects of insolvency along with the Companies Act, 2013. Both these legislations have introduced innovation in business laws as well as various rights like class action suits, provision for registration of one person company, independent directors etc. However, the subject matter of insolvency and bankruptcy has seen a gradual shift in legal regime and jurisprudence. Scholarly work suggests that the principles of bankruptcy in US, UK and EU are necessarily the same. The article aims to come out with a comprehensive idea of the concept of insolvency under bankruptcy laws in US, UK and EU. It is an outcome of study of various principles which are the backbone of bankruptcy law interpretation in US, UK and EU. The study is useful as a primer to the understanding of insolvency and the underlying principles that are a linchpin of the legal framework concerning the same.555 views -
The Cultural Revolution in China
Assistant Professor at Department of History, K.J. Somaiya College of Arts and Commerce (Autonomous), Mumbai, IndiaPages 2700 - 2703The Cultural Revolution was a political movement launched under the leadership of Mao Zedong that aimed to establish the hegemony of socialist ideology over the political culture and society of China. Was it an ideology driven, puritan agenda to put China on the path of communist revolution or was it an intense political struggle within the Communist Party to establish the total dominance of Mao’s leadership.812 views -
Pages 2704 - 2715The article explores the evolving legal landscape surrounding cohabitation, delving into the shifting perspectives on rights and regulations. It examines the challenges and nuances faced by individuals in cohabiting relationships, considering factors such as property rights, financial responsibilities, and potential legal implications. The analysis navigates through the dynamic legal frameworks, shedding light on how societal attitudes and legislative changes impact the rights of cohabiting partners. Overall, the article provides a comprehensive overview of the evolving legal perspective on cohabitation, highlighting the complexities inherent in navigating this aspect of modern relationships.737 views
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Anti-Defection Laws: A Boon or a Bane
Student at O.P Jindal Global Law School, IndiaPages 2716 - 2724The issue of political defections stands as a grave national concern, potentially eroding the very principle upon which our democracy thrives (freedom of speech, free will etc.). It is of paramount necessity that political entities heed the resounding calls for electoral reform and undertake substantive measures to institute intraparty democracy, a measure that would curtail candidate defections and thereby fortify the structural integrity of our national political system. The notable absence of intraparty democracy has, regrettably, contributed to the transformation of political parties into closed and autocratic entities. This transformation has precipitated an increase in internal divisions, the nomination of subpar candidates for electoral contests, and a troubling surge in the criminalization of politics, coupled with the undue influence of financial power in electoral processes. In the absence of a clearly delineated and transparent process for candidate selection preceding elections, electoral tickets are frequently awarded based on nebulous notions of winnability. This approach, however, tragically disregards the significance of robust debate and dissent, thereby creating an environment where strict adherence to party directives resembles the tyranny within the party, rather than serving as a bulwark of ethical party conduct. Furthermore, this practice jeopardizes the fundamental role of parliamentary representation, as it curtails the ability of members within the legislature to voice opinions contrary to the party's official stance. However, despite these shortcomings, many people are calling for the strengthening of anti-defection laws instead of relinquishing them. Many times, this law blurs the line between expressing legitimate disagreement and outright defection. This regrettable situation stifles a crucial aspect of parliamentary democracy. The anti-defection law, designed to bolster political party stability, unintentionally curtails meaningful parliamentary discussions. Legislators often refrain from expressing dissent or engaging in open debates due to fears of disqualification or punitive action for deviating from party lines. This limitation impedes the democratic process by stifling the exploration of alternative perspectives and potential improvements to proposed laws. The law's intended purpose appears to conflict with the essence of a thriving democracy, which relies on diverse thought and open discourse. Policymakers should reconsider the balance between party discipline and robust parliamentary deliberation to better align with both political stability and democratic principles.808 views -
Reimagining Kinship Legal Complexities and Psychological Dynamics of Non-Conventional Family Units
Student at SASTRA Deemed University, IndiaPages 2725 - 2732In this study delves into the intricate interplay between evolving familial structures and the legal and psychological landscapes they navigate." Uncovering the nuances of various kinships, from same-sex partnerships to intentional communities, our research reveals a tapestry woven with legal complications, questioning old standards. As non-traditional families strive for acceptance, our research highlights the critical need for legal reforms that recognize the broad diversity of familial constructions. At the same time, we investigate the psychological dynamics at work, delving into themes of attachment, identity, and societal shame. This one-of-a-kind investigation not only sheds light on the tremendous complications experienced by non-traditional families, but it also pushes for a paradigm shift, encouraging society to celebrate, understand, and incorporate these various kinships into the ever-evolving narrative of familial relationships.763 views -
Pages 2733 - 2748India, renowned for its prowess in the generic drug sector, is strategically engaging in soft diplomacy to protect its cultural heritage, specifically focusing on yoga, herbal medicines, and traditional knowledge at the World Trade Organization (WTO). Expressing concerns about potential exploitation, India draws from past successes in preventing the patenting of turmeric and neem, highlighting the need for WTO assurances. The nation's proactive stance involves creating an extensive database cataloging traditional medicines, plants, and yoga positions. Challenges arise in determining ownership, especially in the context of oral traditions and diverse sources. India aligns itself with emerging powers like China and Brazil, seeking global recognition for a framework governing the utilization of native resources. Yoga, a global phenomenon, faces challenges with patents, copyrights, trademarks, and geographical indications. The article explores the legal landscape, emphasizing India's efforts to protect yoga through the Traditional Knowledge Digital Library. India proposes measures at the WTO to require patent applicants to declare the country of origin, seek permission, and share benefits. The judicial approach reflects the complex intersection of yoga and intellectual property, considering copyright, trademarks, and patents. India's diplomatic efforts intertwine with its soft power, leveraging the global popularity of yoga as a cultural heritage. The article concludes by emphasizing the delicate balance needed to protect cultural heritage while fostering global collaboration and recognition.1,222 views
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Examining the Tapestry of Child Labour: A Critical Analysis of Legal Frameworks, Judicial Interventions, and the Path Forward
Student at SASTRA Deemed University, IndiaPages 2749 - 2761This comprehensive article critically examines the persistent issue of child labour in India, with a specific focus on the effectiveness of existing legal frameworks. Addressing the multifaceted dimensions of child labour, the study explores its hindrance to economic progress, the perpetuation of poverty, and the deprivation of educational opportunities for underprivileged children. Through a thorough analysis of international perspectives, historical backgrounds, and constitutional provisions, the article evaluates the evolution of child labour laws in India. It scrutinizes key legislative acts, such as the Child Labour (Prohibition and Regulation) Act, 1986, and its subsequent amendment in 2016, highlighting their strengths and shortcomings. Additionally, the role of the judiciary in interpreting and enforcing laws related to child labour is emphasized, recognizing landmark cases that underscore the Fundamental Right against exploitation and the crucial link between education and child labour eradication. The article concludes by identifying root causes and advocating for a holistic approach to effectively address and eliminate the longstanding challenge of child labour in the country.682 views -
The Kodava Community’s Exemption under Section 41 of the Arms Act: A Study of Constitutional Validity, Historical Context, and Ambiguity in Contemporary Legal Interpretation
Student at School of Law, Christ University, IndiaPages 2762 - 2770This research paper delves into the unique exemption granted to the Kodava community, a martial race from Coorg, under Section 41 of The Arms Act. This exemption, which allows the community to possess arms, specifically guns, without a license, has its origins in the British era and is rooted in the customs and traditions practiced by the Kodava people. The exemption has been extended by a central government notification until October 2029. However, recent legal developments, including a petition challenging the constitutional validity of this exemption filed in the Karnataka High Court, have raised questions regarding its legal standing. The matter was subsequently appealed in the Apex Court, where the Supreme Court refrained from providing a definitive ruling, instructing the High Court to revisit the case. Focusing on the post-expiration scenario, it explores the potential violations of the community's fundamental rights deeply rooted in their cultural and traditional practices. The study critically examines the constitutional validity and jurisprudential perspectives, drawing parallels with the Sikh community's right to carry the kirpan. Through comprehensive analysis of relevant case laws, constitutional provisions, and ethical considerations, the paper seeks to balance the rights of the Kodava community and legal regulations. The research aims to offer viable solutions that respect cultural heritage while upholding legal standards, ensuring a harmonious coexistence between tradition and the law.1,610 views -
Limiting Judicial Oversight: The Exclusion Clause
Assistant Professor (Senior Scale) at School of Law, University of Petroleum and Energy Studies, Dehradun, IndiaPages 2771 - 2791Preclusive clauses, otherwise known as privative, exclusion, or ouster clauses, are statutory provisions which prima facie prohibit judicial review of the exercise of the discretionary powers to which they relate. As we shall see, such clauses take a variety of forms; all, however, raise the same fundamental tension between the rule of law (which strongly favors access to courts — and therefore judicial review) and the constitutional duty of the courts, under the doctrine of legislative supremacy, to give effect to the sovereign will of Parliament. Although never explicitly repudiating their loyalty to Parliament in this context, the courts pursue a clear policy of seeking to preserve judicial review in the face of preclusive provisions. This judicial attitude was recently exhibited by the Court of Appeal in R (Sivasubramaniam) v. Wandsworth County Court [2002] , which had no difficulty in rejecting a submission that a 54(4) of the Access to Justice Act 1999, which precludes appeal against certain decisions to grant or refuse permission to appeal, implicitly prevented judicial review of such decision.766 views -
The Role Positioning and Reconstruction of the “Gatekeeper” in the Capital Markets of China
LL.M. student at University of California, Berkeley, USPages 2792 - 2804The gatekeeper theory is originated from the United States to make securities intermediaries agency more accountable by making them carry out their verification duties with diligence and responsibility. It is hypothesized that the Gatekeeper provides the issuer authentication services. The issuer will be carefully examined, and the accuracy and precision of the issuing documents will be ensured, otherwise severely punished. However, China’s failure to become accustomed to the localization environment during the introduction has resulted in identity positioning conflict with Gatekeeper, poor performance of reputation mechanisms, misallocation of duties and other dilemmas. To address those problems, the securities market commission framework shall be reorganized with the China Securities Regulatory Commission as the principal, the Gatekeeper shall be stripped from its issuer constraints, and a “Whistleblower Report” framework shall be established, a novel framework of reputation intermediary shall be established and the intermediary agency’s reputation information in the application documents and data disclosure system shall be disclosed , and a new framework that applies punishment as the primary measure and encouragement as a supplement shall be created. As a consequence, a new environment of a virtuous cycle in the securities market will be formed.685 views -
Mensuration that Matters
Student at Tamil Nadu Dr. Ambedkar Law University, IndiaPages 2805 - 2821Throughout human history, the capacity for measurement has been essential to advancement. India's engineering legacy has been present for up to 4000 years, as evidenced by the comparison of historical monument size with informal and official units. There were several units used in India for measuring length and area before to the adoption of the metric system. But now occasionally, commodities supplied by weight or measure turn out to be less than advertised simply due to traders using fictitious weights and measures. They frequently engage in this malpractice, so in order to protect the interests of all customers and raise awareness among them, the Indian Penal Code, 1860's Chapter XIII, Sections 264–267, in the context of "Weights and Measures," was amended to include these provisions. This will put an end to these unfair practices and ensure that those who commit them face consequences. This paper highlights the evolution and various laws pertaining to the regulation of the weights and measures.651 views -
Loopholes in Investigation Process: Critical Analysis
Student at School if Law, Narsee Monjee Institute Of Management Studies, Bengaluru, IndiaPages 2822 - 2836The methods and structures used in the Investigation are the focus of this study. It examines the investigative process critically and identifies the weaknesses that exist within it. The situation is gradually improving, but it is still not safe for people to go about their daily lives knowing if something wrong happens to them there are loopholes in system which will stop them from getting justice. Our protectors are falling behind as a result of the length of time it takes to resolve a single case, while the number of crimes committed each day continues to rise drastically. Many provisions have been enacted under the under different codes, however the vast majority of them have not been implemented or are being improperly enforced. Author tries to focus the inability to effectively investigate a crime stems from endemic criminality and corruption among law enforcement. When this happens, it impedes national progress and should be stopped.806 views -
Pages 2837 - 2852The Two-Pillar Tax System, proposed by the Organization for Economic Co-operation and Development (OECD), represents a paradigm shift in international taxation, aiming to address the challenges posed by the digital economy and profit shifting. Pillar One of the system focuses on the digital economy, introducing the concept of Amount A, which allocates a percentage of residual profits to market jurisdictions based on a revenue-based allocation key. Pillar Two is designed to establish a global minimum tax rate to prevent profit shifting to low-tax jurisdictions. It employs a mechanism where the effective tax rate of each jurisdiction is calculated, and if it falls below the minimum, a top-up tax is charged to the head office. The implications of the Two-Pillar System are far-reaching. The fair taxation of digital businesses under Pillar One levels the playing field and ensures that multinational corporations pay their fair share in the markets where they operate. However, the implementation of the Two-Pillar System is not without challenges. Enforcing the rules uniformly across diverse jurisdictions requires international cooperation, and ensuring compliance may be a complex endeavor. The system may also prompt adjustments in global investment patterns as businesses navigate the new tax landscape, raising uncertainties about its long-term impact. This article delves into the concept of Two-Pillar Taxation, an emerging framework in international taxation. It critically examines the pillars, their objectives, implications, and the challenges they pose to global tax policy. Through an in-depth analysis, we assess the potential benefits and drawbacks of this approach, highlighting its impact on multinational corporations, governments, and international tax norms. Additionally, we explore the policy implications and future of the global taxation and how the OECD & G20 would implement the two-pillar taxation system.688 views
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Sculpting Identity: The Impact of Gender Reassignment Surgery
Student at Thakur Ramnaryan College of law, Mumbai University, Mumbai, Maharashtra, IndiaPages 2853 - 2870For transgender people, having gender reassignment surgery is a significant and transformative stage in their journey. It is essential for bringing a person's physical attributes into line with their firmly held gender identity, which lessens the painful impacts of gender dysphoria and improves mental health. This surgical procedure offers people the chance to live genuine lives and is a monument to the strength of self-actualization and self-determination. Even if there are many benefits, it's important to be aware of any potential drawbacks. Hormone therapy side effects and surgical problems can occur, requiring close medical supervision. Transgender people's post-transition experiences are significantly influenced by societal acceptance and discrimination, which still exist. We examine the complex nature of gender reassignment surgery in this extensive analysis. We underline its importance in promoting personal change and improving general wellbeing. Furthermore, we stress the significance of an accommodating healthcare system that recognizes the various requirements of transgender people at every stage of their transition. This investigation promotes better knowledge and empathy in the process of gender transition by offering insightful information to legislators, healthcare professionals, and the public.833 views -
Settlement Agreement in a Private Dispute Resolution: An Analysis
Assistant Professor (Senior- Scale) at School of Law, University of Petroleum and Energy Studies, Dehradun, IndiaPages 2871 - 2882Settlement of disputes is an intrinsic requirement of any civilized society. Past four decades have witnessed Alternative Dispute Resolution methods gaining prominence in the field of dispute resolution. Arbitration is one of the well-known methods which involves a neutral third party referred to as an “Arbitrator” who decided the dispute in an adjudicatory manner. There is a quasi-judicial aspect to this conflict resolution procedure. Although the parties to the dispute resolution process are settling their disagreement in a private, out-of-court environment, they have little to no influence over how the case turns out. An arbitrator's award typically benefits one of the disputing parties, putting the other side on the losing side. In the same vein, if alternative dispute resolution techniques such as mediation and conciliation are examined, the results are mostly consent-based, with the impartial third party acting as a facilitator and suggestive agent. The corporate world has seen traction with these processes because they give the disputing parties the autonomy to reach a consent-based judgment. In the light of the above, the paper shall analyze the significance, utility, and application of arbitration, mediation, and conciliation in the settlement of commercial disputes. Further, the researcher will analyze the scope settlement agreements which can be reached through conciliation or mediation in arbitration procedures.660 views -
Democracy and Development
Assistant Professor at Department of Humanities and Social Sciences, Dr. AIT, Bangalore, IndiaPages 2883 - 2890Is democracy inherently a good thing? And do democratic institutions facilitate economic development? It appears reasonable to answer the first question affirmatively: democracy is a good thing because it facilitates free human choice and it furthers the good of political participation.650 views -
As Artificial Intelligence (AI) continues to advance and generate unique works independently, the question of whether AI should be granted intellectual property (IP) rights has become a subject of intense debate. This paper explores the advantages of extending IP rights to AI and examines the feasibility of effectively enforcing these rights. It delves into the prevailing skepticism surrounding AI's eligibility for IP rights and how existing statutes worldwide reflect this skepticism. By examining the evolving landscape of AI and its impact on the traditional notions of authorship and ownership, this research aims to shed light on the ownership dilemma and the implications of granting IP rights to AI creations. The pros and cons of this tryst between AI and IPR are analyzed, inviting further discussion and considerations for the future of intellectual property in the era of AI. Henceforth, this article aims to explore the reasons why granting IP rights to AI would be advantageous and, if such rights are granted, how they can be effectively enforced. The study draws on relevant literature to address these aspects comprehensively and provide insights into this complex issue.625 views
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Misuse of Section 498-A
Assistant Professor at Barrister A. R. Antulay College of Law, Mumbai, IndiaPages 2912 - 2929“Hell hath no fury like a woman scorned” especially if it is backed by the provisions of IPC, which is used both as the shield to protect women against cruelty and a sword with which they can attack. What would be the repercussions if section 498A is used maliciously? Since centuries, women have always been looked up as a liability; first by her father and later to be passed to her husband. She has always been expected to act as a submissive one, be it at her husband’s house or father’s house. Even the marital vows dictate her to obey her husband and gives husband the right to punish her for disobedience which most often than not leads to domestic violence. Domestic Violence is no misnomer, it is one of the most scathing issues faced by women all over the globe transcending religious and social boundaries since history of mankind. Today as a modern welfare state we do acknowledge the fact that there exists more than one type of domestic violence, physical assault being the most common one. To constrain the peril of brutality against women Section 498-A was introduced with a pure vision to safeguard the interest of women across the country. Nonetheless we see an escalation in number of cases where women have misused this law to get revenge either from her husband or her in-laws. Moreover, modern women today use this law as per their whims and fancies thereby sabotaging man’s age-old dominance over them. The crux of the matter today being man are being roasted under the ambit of this section even while they are innocent. The aim of this research is to provide detailed male perspective as per the trauma, defamation, harassment faced by men who are innocent but guilty in the eyes of law.588 views -
Pages 2930 - 2943With the advancement in the technology and the purchasing power of the consumer, the electronic products are also increasing exponentially day by day. The increase in the consumption impacts the environment negatively in both ways first the Raw Materials extraction and second the most important one is the waste (E-Waste or Waste of Electronic and Electrical Equipment). Waste is anything that is useless or can't be used. Everyone is responsible for making sure that hazardous garbage is disposed of in a way that is safe and good for the earth and follows all rules about how to get rid of trash. At a rate of 20–25% per year, the amount of e-waste is growing very quickly . There are several definitions of e-waste; E-waste is a discarded electronic item which is nearing or at the end of their ‘useful life’ . E-waste is the trash stream that is growing the fastest due to its high rate of obsolescence, market spread, and new market. In India, Section 3 (l) of the E-Waste Management Rules 2016 defines e-waste as “'e-waste' means electrical and electronic equipment, including solar photo-voltaic modules or panels or cells, whole or in part discarded as waste, as well as rejects from manufacturing, refurbishment and repair processes” . Since 2002, when the Basel Convention and the "European Union Waste of Electronic and Electrical Equipment Directive" were passed, people have become more aware of e-waste. The problem with e-waste is that its amount grows every year because more people use electronics and they don't last as long. E-waste is thought to be the type of trash that has grown the most over the past 10 years (3–4% per year), but only 15% of it is recovered . E-waste is getting more and more of a problem as more and more of it is made. This is because it includes dangerous chemicals that could affect health and the environment. The effective handling and disposal of electronic waste (e-waste) in India is a significant environmental concern, mirroring the global scenario. This study undertakes an examination of Extended Producer Responsibility (EPR) as a policy strategy within the environmental legislative framework of India in order to tackle this problem. The importance of Extended Producer Responsibility (EPR) in ensuring producer accountability for the whole lifespan of their goods is of great relevance, particularly in light of the increasing proliferation of electronic trash (e-waste) . The objective of this research is to provide insights on the efficacy of Extended Producer Responsibility (EPR) in addressing the issue of electronic trash (e-waste) within the regulatory framework of India. This study analyses the progression of e-waste rules, explores the difficulties faced during their implementation, assesses their environmental impact, and provides suggestions to improve their effectiveness.676 views
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Pages 2944 - 2954The evolution of cyber law in India is not merely a legislative process but a strategic imperative that impacts national security, economic stability, and the privacy rights of its citizens. Therefore, the collective efforts of lawmakers, cybersecurity experts, and the international community are essential in shaping a future where digital advancements and security go hand in hand. The study critically analyses the Indian Information Technology Act, 2000 (IT Act), assessing its effectiveness against the evolving cybercrime landscape and its adequacy in protecting data in the digital age. The scope encompasses thoroughly examining the Act's provisions and amendments, evaluating India's cybercrime trends and how the Act stands up to new-age cyber threats, and comparing with global data protection laws to gauge international harmonisation. Moreover, the study investigates enforcement challenges, scrutinises the roles of the judiciary and law enforcement agencies, and identifies the lacunae in public awareness and education on cybersecurity. Based on these analyses, it proposes recommendations for policymakers, legal experts, and cybersecurity stakeholders engaged in fortifying the nation's digital defences.832 views
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Critical Analysis of Legal Measures to Maintain Safety at Workplace
Assistant Professor at Dr. D.Y. Patil Deemed to be University, School of Law, Nerul, IndiaPages 2955 - 2973Ensuring safety at the workplace is paramount for both employers and employees, as it directly impacts productivity, employee well-being, and organizational reputation. This critical analysis examines the multifaceted dimensions of maintaining safety at the workplace, emphasizing the need for a holistic approach. The paper explores key factors influencing workplace safety, evaluates current safety practices, and proposes strategic measures for improvement. By examining existing safety protocols, identifying potential risks, and evaluating the effectiveness of safety measures, the project seeks to provide valuable insights into improving workplace safety. The analysis begins by acknowledging the dynamic nature of modern workplaces and the evolving nature of occupational hazards. It reviews existing literature on safety protocols, regulations, and their effectiveness. Special attention is given to the role of technology, training programs, and organizational culture in shaping safety outcomes. Furthermore, the analysis critically assesses the role of leadership in fostering a safety-centric culture. It explores the impact of leadership styles on employee attitudes towards safety, emphasizing the need for visible commitment from top management. The paper also discusses the significance of employee engagement and communication in creating a shared responsibility for safety.608 views -
Role of International Organisation on Protecting the Rights of Indigenous people and Racial Discrimination: A Critique
Student at Tamilnadu National Law University, IndiaPages 2974 - 2986The rights of Indigenous people in the international organisations are evolving among the world community. The potential significance of adopting international declaration & conventions in the development of international legal standards for indigenous people rights is the centre of study in this research paper. Various international organisations have adopted laws for upbringing the rights of indigenous people in the international arena. The International Labour organisation (ILO) has been actively contributing for developing their rights. Historically, the indigenous people are given very small significance and now their rights are being developed. This article will explore on various declaration and conventions of some international organisation and analyse the development of their rights in IO. It will criticise the legal documents which protects such rights and will try to identify the loopholes on such conventions. Some of the strategies and plans which have been implemented for the Indigenous people have not provided the expected results. Such failures will be discussed and the research will focus on attempting to provide positive suggestions to uplift the position of indigenous peoples rights in the International Organisation. The absence of active involvement of the indigenous people and racial discrimination among others will be criticised in the research. The main question whether indigenous people need special adhoc rights and convention or their rights can be gained with the existing international human rights declaration will be explored.671 views -
Pages 2987 - 2998The food industry is a dynamic and rapidly evolving sector that continuously strives for innovation to meet the changing demands of consumers. This article explores the complex relationship between Intellectual Property Rights (IPR) and the food industry. It delves into the role of IPR in fostering innovation, protecting traditional knowledge, and shaping the competitive landscape of food markets. From patents on genetically modified organisms to trademarks on iconic food brands, the article examines the various forms of IPR that impact the industry. Furthermore, it discusses the ethical and regulatory challenges associated with IPR in the context of food safety, access to essential nutrients, and global food security. Through an in-depth analysis of case studies and global trends, this article provides insights into the delicate balance between promoting innovation and ensuring equitable access to safe and nutritious food, ultimately highlighting the critical role of IPR in shaping the future of the food industry.948 views
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Pages 2999 - 3014The idea of judicial responsibility must first be understood and accepted. To prevent judicial delinquency from spreading, accountability mainly entails creating a sense of openness in the legal system and putting it under intense public scrutiny. At the same time, the age-old debate about responsibility rages on. There is a problem with the judiciary's independence that has to be fixed. Yet, judicial independence cannot exist in a vacuum; there must also be judicial responsibility. The disagreement stems from the Constitution's architects' decision to exclude a specific accountability mechanism for the court. The same was done in order to avoid judicial independence from being violated, which is necessary to have a free and just judicial system. Moving forward, the objective is to foster responsibility through a self-regulation approach without endangering independence.732 views
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OTT Censorship
Assistant Professor at Amity Law School, Amity University, Lucknow, IndiaPages 3015 - 3023Absolutism is the enemy of expression but what happens when this absolutism is used a watch guard of expression? It sounds ironical right! But this is what we are going to address in the paper. Freedom of expression is not just a right but a lifestyle and a livelihood. India has cosmopolitan population but we lack with our tolerance. The tolerance we are talking about is respect of viewership on OTT platforms. OTT platforms are audio and video hosting platforms, initially started as content hosting platforms but with the development of time have branched into production houses. E.g. we often hear that certain web series or movies are Netflix or prime originals. Censorship means severing or restricting the content recognized as offensive by government or other self regulating bodies. Censorship is a universal controversial issue as it poses threat to freedom of expression. In this paper we are seeking to address the state of affairs created through censorship on OTT platforms.768 views -
Legal Impact of Arbitration in India: Bolstering the Alternative Dispute Resolution System
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 3024 - 3028The Supreme Court has drastically changed the civil justice system over the last thirty years, which is terrible news for both workers and customers. The Court has granted large corporations the authority to compel consumers and workers to arbitrate disputes pertaining to nearly every kind of alleged violation of numerous state and federal laws that safeguard citizens from fraudulent and unsafe products, employment discrimination, unpaid wages, and other forms of corporate misconduct. The Court has allowed companies to draught the rules that will govern their relationships with their customers and employees as well as the processes that will be utilised to interpret and apply those rules in the event of a disagreement by assigning arbitration to handle conflict resolution. Also, the Court allows businesses to combine a prohibition on arbitration with forced arbitration.585 views -
Understanding Global Depositary Receipt (GDR) and American Depositary Receipt (ADR)
LL.M. student at CSI College For Legal Studies, Kottayam, IndiaPages 3029 - 3037An autonomous third party, such a bank, that serves as both a fiduciary and a safekeeping facility is known as a depositary. For example, stock-related services for a depositary receipt scheme can be supplied by a depositary bank. A tradable financial security is a worldwide depositary receipt. It is a certificate that trades on two or more international stock markets, representing shares in a foreign corporation. GDRs are generally traded on American stock markets, Eurozone stock exchanges, and Asian stock exchanges. The local currency of the exchanges where GDRs are traded is used to determine the price of GDRs and their dividends. It is a simple method for investors in the United States and other countries to purchase overseas equities. A corporation that uses global depositary receipts can list its shares outside of its home nation in many countries. A Chinese business may, for instance, design a GDR scheme that would allow it to issue shares into the London and American markets via a depositary bank middleman. Every issue must abide by all applicable laws in both the place of origin and any outside markets. Conversely, an American depositary receipt, which solely listings on U.S. stock markets, symbolises shares of a worldwide corporation. A U.S. bank will buy shares on a foreign market in order to provide ADRs. The underlying shares will be held by the depositary bank, which will also issue an ADR for domestic trade. Only American exchanges list American depositary receipts, which are shares of a foreign business. A GDR is listed on several foreign stock markets and represents shares in a foreign corporation.1,135 views -
Statutory and Religious Rights of Women in Bangladesh: An Overview
Lecturer at Department of Law Leading University, Sylhet, BangladeshPages 3038 - 3051The women are the most vulnerable part of our society, culture and religion in almost all aspects of our life. The rights ensured by the supreme law of the land, statutes and religion are also denied most of the time. Different case law provides the important decision in favor of the women and directs not to deprive them from their legal rights. Despite the religious and statutory and religious rights the women are not getting all of their rights equitable. Sometime they are neglected at their workplace, sometime at the educational institution even at her family and they are compared not enough capable with the male personnel. To remove and reduce all kinds of inequality and ensure their statutory rights the Government enacted several Acts on several occasions.1,235 views -
Change Conundrum: Societal Solicitation & Social Movements
Student at Hindu College, University of Delhi, IndiaPages 3052 - 3057Desire is a fundamental human emotion that can be defined as a strong wish to do/achieve something. However, where does this desire come into picture in a society which seeks to reproduce itself through the medium of socialisation? Perhaps the answer lies in the understanding of ‘social movements’. When individuals or groups feel strongly about a particular cause, they may be motivated to take ‘collective action’ to bring about a variation in their community, society, or even the world. Desire for societal change often sprouts from a sense of injustice/inequality, a responsibility to future generations, or simply a desire for personal growth and fulfilment. This paper attempts to explore the role of desire as a driving force behind societal change and answer various questions along the way like- is desire enough to change society? How can one’s desire motivate others to take action? In the pursuit of desire, how come comfort becomes less important, at the cost of which change occurs? The youth are considered as the torchbearers of transformation, hence, their say is recorded as a part of research methodology. Society may appear static on the face of it but it holds the ability to change gradually. Thus, by recognizing and harnessing the power of desire, we can strive for a positive and meaningful change in the world.679 views -
Pages 3058 - 3069Corporate governance is dependent on majority shareholders having significant influence over key decisions. Disenfranchisement, or the deprivation of these shareholders’ voting rights, raises significant legal and ethical concerns that call for in-depth analysis. The complex issue of majority shareholder disenfranchisement is examined in the paper within the framework of corporate law and constitutional issues. The first section of this paper discusses corporate law, particularly the privileges accorded to majority shareholders, their duties as fiduciaries, and the protection of minority shareholders’ interests. The author(s) have analysed the arguments for and against such tactics by way of looking at the historical instances and case studies that show corporate disenfranchisement. With reference to fundamental rights under the Constitution of India, like the right to property and the right to vote, in regard to corporate governance systems, this paper explores the interactions between corporate law and the constitutional law of India. Notably, the judicial precedents’ critical influence on the development of the legal environment has been considered while examining the legal consequences and issues surrounding disenfranchisement that have been presented before courts. This paper also evaluates the corporate governance norms and legislative frameworks put in place to address disenfranchisement issues, with an emphasis on how they manage the hazardous balance between majority shareholder control and maintaining shareholder rights. Also addressed is the effect of shareholder activism and dissent in opposing disenfranchised policies. The paper examines disenfranchisement from a comparative examination of national perspectives, taking into account the many legal and cultural influences that shape national perceptions of majority shareholders’ rights.862 views
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Illicit Cultivation of Cannabis Plant/Opium Poppy: Steps to be Taken by an Empowered Officer under the NDPS Act, 1985 and the Offences made out on Account of Illicit Cultivation & the Legal Cultivation of Hemp and Use of Various Parts of the Hemp Plant: An Analysis
Assistant Director (Narcotics) at National Academy of Indirect Taxes, Customs and Narcotics, Faridabad, IndiaPages 3070 - 3119Illicit cultivation of cannabis plant and opium poppy does take place in various parts of the country and the empowered officers under the NDPS Act, 1985 are required to follow a certain procedure required under Law to secure a conviction. The use of GPS coordinates and Drones to identify illicit cultivation along with the sensitizing the effect of drugs on body and mind is also undertaken in a big way as a part of the social responsibility. The article further highlights the efforts in the use of hemp and the various startup companies which have come into existence in not only generating employment but also in the export of the products to overseas market.866 views -
Universalism of Comparative Constitutional Law Testing the Relevancy of the Global South Critique
Research Scholar at Damodaram Sanjivayya National Law University, IndiaPages 3120 - 3132Comparative constitutional law as a discipline is heavily engaged in the task of knowledge creation. Its primary object has been the constitutions around the world. Under the aegis of this discipline, one studies the constitutions around the world and analyse the plurality of the constitutional principles and rules with the aim to develop certain universal constitutional conceptions and model apart from identifying and elucidating the fundamental values that form the basis of the constitutional arrangements and agreements. But despite having such elaborate and essential objectives of the subject, it suffers from certain fundamental challenges and questions which if not answered seriously undermine the basis and legitimacy of the discipline itself. One such major cause of concern in this regard is that the discourse and research endeavours in this field are elitist in nature and is based on a select set of elite nations in the “global north” who are politically stable, economically secure constitutional democracies and the discipline in no regard displays representational character and does not answer any questions of constitutional importance pertaining to the concerns of the global south. Further, global south as a distinct approach has not been given its chance at recognition in the field of comparative constitutional law, thus and it can be said that the gap in this regard is preventing the discipline from becoming a full-fledged discipline of law. Further, a major debate regarding comparative constitutional law is the debate between universalism and particularism. This is important as questions are raised whether or not there is a need to develop certain fundamental and universal principles in the arena of constitutional law or not. Therefore, it is important that we make the discipline of comparative constitutional law more inclusive and biases towards the southern scholarship and with respect to case selection for conducting comparative study without any basis must be eliminated. But, at the same time the shortcomings of the global south critique must also be addressed to ensure that it is not just criticism for the sake of it and has quality reasoning behind it. This will help us to ensure that the study regarding comparative constitutional law and will be more widely accepted and well received around the world.646 views -
Are Indians Medically Safe?: Inspecting the Problem of Data Security of Digital Healthcare Data in India
LL.M. Student at Jindal Global Law School, Sonipat, IndiaPages 3133 - 3141The author in this paper has attempted to understand the hurdles faced by the Indian Healthcare sector due to its digitization. Medical information of a patient comes under the set of sensitive personal data and this research is aimed to understand whether the current Indian laws in force are strong enough to deal with data confidentiality and data privacy of such medical information. The paper further critically analyses the problem of data privacy in the Indian healthcare sector by understanding the various provisions contained in a number of statutes. The paper also brings into light an ideal legislation that should be enacted to minimize this issue and look after the rights of patients in respect of their sensitive medical data. Finally, the research proposes certain practices and measures to be followed by healthcare organizations in India in the absence of a proper legal framework so that they can keep a check on this problem and take steps to curb it.611 views -
Constitutional Torts in Bangladesh: In Search of the Application of Due Process in Awarding Compensation
Senior Lecturer at East West University, BangladeshPages 3142 - 3157This paper systematically analyses the chronological framework of the progressive practice of Constitutional torts and the recent trends of the judiciary in awarding damages to the victims of Constitutional torts omitting the due process of law in Bangladesh. The paper also demonstrates how the existing provisions of the Constitution of Bangladesh can provide helpful guidance for developing and initiating newer tools to enable the Constitutional tort claimants to avail their proper and just remedies. In this paper, the principle of ‘Due Process of Law’ has been applied as a test to analyse the rationale of the judgments from different tort cases and to show how the lacuna of the proper application of the principle of due process of law is preventing the tort victims from getting what they legally deserve. Moreover, a proposal has been placed to apply compatible compensation theories in different tort cases. This paper not only sets a special focus on different substantial challenges due to which thousands of tort claims end in smoke every year but also provides effective recommendations for resolving those challenges. In addition, two effective mechanisms have been proposed to be implemented for determining the appropriate amount of compensation for the victims so that the Judiciary can perform its responsibilities more professionally and efficiently. With a view to carrying out this research, qualitative research methodology has been followed as well as notable case laws have been discussed for demonstrating whether the judiciary followed the due process of law for awarding compensation under the Constitutional tort law in Bangladesh.1,095 views -
Securitisation: Structure and Importance
Assistant Professor at University of Petroleum and Energy Studies, Dehradun, IndiaPages 3158 - 3163Securitisation implies every such process that converts a financial relation into a transaction, more specifically, into a capital market instrument or security. It is a process through which illiquid assets are packaged, converted into tradable securities and sold to third party investors. In securitisation process there are mainly two crafts: the original lender and a Special Purpose Vehicle (SPV). The SPV helps the original lender in liquefying the assets. The SPV converts these assets into marketable securities for investment and the cash flows to the original lender. This helps the original lender in meeting up the deficiency which arose out of the borrowers default. Apart from original lender and SPV, other parties involved in securitization process are merchant or investment banker, credit rating agency, servicing agency and the buyers of securities.674 views -
Exploring Legal Frameworks for Regulating and Combating Illegal & Unscientific Mining Practices: A Comparative Analysis of Jurisdictions and their Efficacy in Environmental Protection and Resource Conservation
Student at Delhi Metropolitan Education, IndiaPages 3164 - 3181It has been noted recently that guidelines for the efficient execution of regulatory provisions and their monitoring are urgently needed, in addition to supervisory and diligent mining methods. There have been many instances of unlawful mining throughout the nation, and in certain situations, numerous authorities have died while carrying out their responsibilities to reduce the occurrence of illicit mining. The state loses money as a result of unregulated illegal mining, and the ecosystem deteriorates. India's development is accelerating, with significant technology advancements made in the areas of remote mining tracking and oversight as well as the establishment of numerous legislative frameworks. Therefore, it becomes vital to make use of technological advancements to effectively oversee the mining operations and carry out the aforementioned laws and regulatory frameworks. Furthermore, citizens must work with government organizations to ensure efficient surveillance and regulation. Every Indian citizen has a duty to safeguard our natural resources, and laws that are operational are possible only if all relevant parties—the government at large, state legislatures and citizens—commit to sustainable mining practices and abide by all applicable laws. It is thought crucial to determine the minimal specifications in every geographic area in order to provide a consistent framework for the oversight and implementation of the mining-related regulatory provisions. This document outlines the fundamental infrastructure needs required for efficient monitoring of sustainable mining and will act as a reference for analysing jurisdictional competence and enforcing the relevant statutory rule or provisions. The analysis presented in this research paper relies on a methodical assessment of the literature, and it intends to be a helpful resource for people who are interested in conducting the in depth study and discovering more about the issue of illegal mining as well as for people who merely seek out information and want to just grasp the idea755 views -
Implication of Maternity Benefit Act in Real World Organisations
Student at Presidency University Bangalore, IndiaPages 3182 - 3190The "Implication of Maternity Benefit Act in Real World Organizations" explores the practical ramifications of the Maternity Benefit Act in the context of contemporary workplaces. This legislation, designed to safeguard the rights of pregnant women and new mothers in the workforce, has far-reaching implications for both employers and employees. The abstract delves into the multifaceted aspects of the Act, examining its impact on organizational dynamics, employee welfare, and the overall corporate landscape. The study investigates how organizations navigate the challenges posed by the Maternity Benefit Act, balancing the imperative of providing a supportive environment for women during the crucial maternity period with the operational demands of the business. Key facets include the Act's provisions regarding maternity leave duration, prenatal and postnatal care, and the provision of a secure and healthy work environment for pregnant employees. Furthermore, the research scrutinizes the Act's influence on recruitment practices, career progression, and the broader issue of gender inclusivity within organizations. The abstract also sheds light on the economic considerations for employers, analyzing the financial implications of providing maternity benefits and potential strategies for organizations to ensure compliance without compromising their economic viability. Additionally, the study explores the cultural shift within workplaces, assessing how the Maternity Benefit Act contributes to fostering a more inclusive and supportive work culture, thereby attracting and retaining a diverse talent pool. This research employs a mixed-methods approach, combining quantitative analysis of organizational data, surveys, and qualitative interviews with key stakeholders, including human resources professionals, legal experts, and female employees. By triangulating these diverse data sources, the study aims to provide a comprehensive understanding of the lived experiences, challenges, and successes in implementing the Maternity Benefit Act across various industry sectors. The implications of this research extend beyond legal compliance, touching upon broader societal and economic dimensions. As organizations increasingly recognize the significance of diversity and inclusivity in the workplace, understanding the practical implications of the Maternity Benefit Act becomes paramount. The findings are anticipated to contribute valuable insights to policymakers, employers, and advocacy groups, fostering informed discourse and facilitating the evolution of legislation and organizational practices to better accommodate the needs of working women during the pivotal maternity phase.875 views -
From Algorithms to Accountability: Deciphering Legal Responsibility in AI-Driven Systems
Student at NMIMS Kirit P. Mehta School of Law, Mumbai, MH, IndiaPages 3191 - 3204As artificial intelligence (AI) continues to permeate various aspects of society, the need to establish clear legal frameworks for addressing issues of accountability and responsibility becomes paramount. This paper delves into the intricate relationship between algorithms and legal liability in the context of AI-driven systems. The rapid advancement of AI technologies, fuelled by complex algorithms, raises challenging questions about the ethical and legal implications of their deployment. In a recent publication from a well-known computing journal, the inquiry was raised regarding the applicable laws in the unfortunate event of a self-driving car causing harm to a pedestrian. This paper examines the broader issue of legal accountability concerning artificially intelligent computer systems. It explores the possibility of criminal liability, identifying potential recipients of such liability. Additionally, within the realm of civil law, the paper scrutinizes whether an AI program falls under the category of a product, making it subject to product design regulations, or if it is considered a service to which the principles of the tort of negligence are applicable. Furthermore, the analysis extends to the consideration of sales warranties in this context.825 views -
Friend or Foe: Decoding the Legal Challenges Posed by Artificial Intelligence in the Era of Intellectual Property
Assistant Professor at University of Petroleum and Energy Studies, Dehradun, IndiaPages 3205 - 3229“The potential benefits of Artificial Intelligence are huge, so are the dangers.” - Dave Water. Artificial intelligence is one of the facet of Information technology domain which despite several attempts does not have a clear definition or ambit. However it can be understood as technology to solve problems via automated decisions and predictions. Artificial intelligence is essentially an algorithm based technology which analyses the large amounts of data and then solves problems by detecting useful patterns. Owing to its automated feature it will not be wrong to say that humans & AI have more utility than humans alone or computers alone. For many decades AI experienced enthusiasm as well as setbacks, yet it has today become part and parcel of our everyday life, making it convenient or at times problematic. AI and related technology encompass Intellectual Property in multiple ways, the most important being AI technology for management of Intellectual Property, IP for protecting AI and IP as a hindrance to the transparency of AI systems. Thus the relationship between the two is of reciprocity as IP influences AI and vice versa. While AI is a recent concept, the IP laws for protection or even dealing with its challenges are relatively older, raising the need for revision to keep up with the pace of technological advancements. The present academic endeavor attempts to scrutinize the intricate dynamics inherent in the symbiotic relationship between Artificial Intelligence (AI) and Intellectual Property (IP), with the ultimate objective of discerning the magnitude of their reciprocal benefits or potential clashes. Furthermore, this scholarly inquiry seeks to delve into the manner in which conventional conceptions of intellectual property (IP) are undergoing substantial redefinition in order to adapt to the unanticipated consequences stemming from the swift progression of artificial intelligence (AI). In the present context, this scholarly article aims to propose effective strategies for mitigating the challenges at hand, thereby cultivating a harmonious association wherein artificial intelligence assumes a benevolent role rather than being perceived as adversarial.743 views -
Marriage under Various Personal Laws of India: An Analysis
Assistant Professor (SG) at The Tamil Nadu Dr.Ambedkar Law University, Chennai, IndiaPages 3230 - 3241Marriage is a sacred institution for Hindus and it is the very foundation of a stable family and civilized society. There are, however, certain prerequisites and conditions for a valid marriage. All personal laws lay down certain conditions which need to be complied with to enter into or solemnize a legal marriage. Under the Hindu Law, the concept of marriage has undergone various changes after the codified laws. Under the uncodified Hindu Law, the conditions for entering into a valid marriage were mostly in the nature of recommendatory and not mandatory and also the child marriages were very much prevalent at that point of time. The Mithakshara Joint Family was purely patriarchal, because of which, there were so many discriminations against women in almost all the personal matters. Only a seniormost male member of the family can be a Karta, i.e., Head of the family. No female member can act as Karta which means she was given only the household activities. All powerful positions like Administration and Decision-making were held only by the male members of the family. Property right was also denied to female members of the family. They were eligible to get maintenance only. But after the emergence of codified laws, there are radical changes effected in the personal matters like marriage, property rights, adoption, guardianship and maintenance. The Hindu Marriage Act, 1955 is a landmark in the history of social legislation . This Act contains elaborate provisions on the conditions for a valid marriage, matrimonial reliefs, jurisdiction and procedure, maintenance and custody of children. This article is going to highlight the conditions for a valid marriage and the consequences for violation of those conditions under various personal laws of India.1,390 views -
Basic Structure Doctrine: Not a Figurehead in the Indian Constitution
Student at Jindal Global Law School, OP Jindal Global University, Sonipat, Haryana, IndiaPages 3242 - 3252The narrative surrounding the impact of the ‘basic structure’ concept on post-emergency constitutional thought in India has been frequently recounted, leading to various conclusions being reached regarding the resulting institutional outcomes. Nevertheless, for the concerning frequency with which they occur, these accounts exhibit a disconcerting resemblance in the types of conclusions they support. The inquiries pertaining to constitutional faith and fidelity, structural essentialism, the boundaries of political growth, and the practical extent of the concept have been addressed in a remarkably similar manner. Collectively, these responses have perpetuated preconceived notions of the flexibility of the Indian Constitution, the decision-making processes within the framework of the basic structure doctrine, and the overall trajectory of constitutionalism. The paper posits that in order to address inquiries regarding constitutional change, identity, and progress, it is essential to rely on a comprehensive framework of the basic structure doctrine that is theoretically robust, and philosophically fruitful. This framework should not assume an inherent conflict between constitutionalism and democracy.615 views -
Evolution of Victimization in the Indian Judiciary System
Student at MIT World Peace University, IndiaPages 3253 - 3262For many years, the Indian Legal system has diverted its focus on the offender, and the offence, neglecting the individual who’ s rights have been grossly violated, and the trauma they are forced to face prior to the incident. In essence, such instances do not in fact entail a fair and democratic justice system, as such it is necessary to ensure that there are compensation Laws that ensure that the victim is not left out. The various shortcomings that the Indian Justice system harbors restrain it from diversely focusing on both parties simultaneously. Even the constitution of India and various other legislations ie. Code of Criminal Procedure, Indian Penal Code, have not provided proper laws which fully acknowledge the interests of the victims. During the 1900s most especially, victims were barely considered at all, however, this can be attributed to the fact that India had just achieved independence in 1949, intrinsically, the judiciary was still establishing concrete grounds for the Criminal Justice system and there were various judicial reforms that were underway at the time, it is also necessary to mention that Victimization is not only common in India, but in other countries around the world as well, ie. USA. The concept of Victimization therefore entails intentionally unfair treatment as well as the violation of a person’s personal liberty, by excluding them, or making them feel excluded. This further breeds the concept of victimology which will be properly explored in the research paper. The Research paper mainly focuses on how Victimization has progressed in the Indian judiciary system. The research paper provides insight on the ancient, medieval, and modern legal systems, and how relevant laws that protect the interest and rights of the victims have been shaped to suit the modern legal system, proper addressal is also done with relevance to the prevalence of Victimization. The critical analysis of the concept of Victimization enables us to contribute to the formation of better and refined laws which are “all people” inclusive.888 views -
Unveiling Judicial Review: Origins & Impact on Administrative and Legislative Actions
Assistant Professor (Senior Scale) at University of Petroleum and Energy Studies, Dehradun, IndiaPages 3263 - 3302The expression ‘judicial review’ can be used both in narrow sense as well as in wide sense. In narrow sense Judicial Review is essentially collateral. It does not go into the merits of the impugned decision but on the contrary examines only the constitutionality or the basic legality of it. The attack is collateral. Here ‘The contention is not that on merits the impugned decision was wrong. On the other hand, the contention is that the decision was given either without jurisdiction or that it was contrary to the constitution or that it was contrary to the fundamental provision of a statute under which the administrative authority was acting. In its wider sense, Judicial Review would include even Appeals on the merits of the decision which may be of administrative authority or even civil court. All the questions of Facts of law that is the merits of the whole case would be open to review. Since this is reconsideration by a higher court which have been already considered and decided by a court or tribunal which, in hierarchy of judicial authority is directly subordinate to the reviewing court, the earmark of such a wide review, is that it is usually vertical review. This would usually mean an Appeal from a lower to a higher court or tribunal on all questions of fact and law or on the question of law or on substantial question of law . The review in the wider sense may be of dispute between private parties or between private parties and the state or a public authority and therefore is mostly a question of private law. But the narrower view is essentially a question of public law. It is directed against administrative or legislative action as being without jurisdiction or unconstitutional. For all practical purposes judicial review has acquired narrow usage to signify ‘The power of the courts to pass upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce such as they find to be unconstitutional and hence void.767 views -
Pages 3303 - 3319Social movements play an important role in society. A stagnant society lacks social movements where there is no hope for change. The aim of the study is to analyse the importance of social movements in legal development. The study is empirical and is conducted with 200 respondents. It is found that many have participated in social movements and many feel that laws and social movements can bring concrete changes in the society. Social movements are believed to help in legal development thereby bringing social changes in the society. Also, it is found that social movements bring awareness to the people and enlighten them on the social issues prevailing in the society. Majority of the respondents are or have been involved in women’s rights movements. It is concluded that social movements play an important role in the society and a responsive civil society is needed to bring legal developments with the help of social movements.853 views
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Pages 3320 - 3332Diversity management has been an important issue for both governments and private sector organizations. Diversity management in organisation is a complex phenomenon that needs effective management if employee’s performance is at stake. Thus, the importance of diversity management cannot be overemphasized due to globalisation and global level fight for human rights that pose free movement of labour and social inclusion may allow certain minorities group who feel excluded from the employment sectors are carried alone. Organisation everywhere in world private or public is interested in employee motivation in order increase performance, profitability ratio, turnover ratios and customer satisfaction. This study intends to assess the impact of diversity management on cooperation’s corporation with reference to Borno Express Transport Corporation Maiduguri. The study used a survey research design with a sample of 113 respondents who were selected through Kreicjic and Morgan (1970) sample size computation formula. A Questionnaires was used as an instrument for data collection. In addition, Chi-square (X2) was used as the statistical tool to test the hypothesis. The hypothesis there is impact of diversity management on cooperation employee’s performance was accepted. The study revealed that diversity management is important tool to boost employee’s performance. Finally, the study recommends that Borno Express Transport cooperation should come up with diversity-enabling policies in order to enhance firm profitability.769 views
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Pages 3333 - 3350Alternative dispute resolution (ADR) has emerged as a prominent method for resolving disputes outside the traditional court system. The ADR methods generally include negotiation, mediation, arbitration, and sometimes also conciliation. In recent years, ADR has gained significant recognition as an effective approach for resolving environmental disputes on a global scale. However, the legal frameworks governing ADR vary across countries due to contextual differences and diverse mechanisms. This article aims to undertake a comparative examination of the legal regulations governing Vietnamese out-of-court mediation and their Japanese counterparts, with a specific focus on environmental disputes. Drawing insights from Japan's successful achievements in environmental mediation, the authors propose prominent solutions customized to Vietnam's unique legal system. This paper provides a more comprehensive understanding of legal approaches to environmental mediation, thereby set forth practical recommendations for enhancing Vietnam's ADR framework, exclusively environmental dispute.583 views
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Human Trafficking in India
Student at Thakur Ramnarayan College of Law, IndiaPages 3351 - 3364This paper addresses the situation of human trafficking in India. It argues that the focus on trafficking either as an issue of illegal migration or prostitution still dominates the discourse of trafficking, although illegal under Indian law, remains a significant problem. People are frequently illegally trafficked through India for commercial sexual exploitation and forced/bonded labor. Estimate this problem affects 20 to 65 million Indians. Men, women, and children are trafficked in India for diverse reasons. Trafficking in persons is a serious crime and a grave violation of human rights. Every year, thousands of women and children fall into the hands of traffickers in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit, or destination for the victims. Human trafficking has been identified as the third largest source of profit for organized crime. Women and children are generally trafficked for begging, organ trade, drug smuggling, bonded labor, domestic work, agricultural labor, construction work, carpet industry, forced prostitution, sex tourism, and pornography, and also for entertainment and sports which include beer bars, camel jockey and circus troops. This paper argues that emphasis needs to be given to such underlying root causes and modes and also crimes related to human trafficking, that threaten the human security of the trafficked persons in India. Accordingly, it provides some preventive measures to address and deal with the problem.709 views -
Corporate Social Responsibility – A Myth or Reality: A Study on Indian Pharmaceutical Companies
Student at Symbiosis Law School, Hyderabad, IndiaPages 3365 - 3378Corporate Social Responsibility (CSR) has become an integral part of business ethics in every organization particularly in companies in pharmaceutical companies. In a country like India, it is very important for the organizations to set its agenda to promote the leading and popular trend of building the CSR policies on the basis of the concept of corporate social responsibility. The study is an attempt to observe an analyze the growing role of corporate social responsibility by studying ten major companies in the Indian pharmaceutical sector. Healthcare is one of the basic human rights of each individual in the world and pharmaceutical companies have the responsibility to take its step in ensuring that the globally there is no medical crisis. It is important to study to see the vital role every stake holder of the sector is playing to make it possible to put pharmaceutical companies to its noble front through its functioning and contribution to the society. The stakeholders of the sector ranges from patients, medical professionals, NGOs to even the media. The same shall be done through the evident proofs of their existing CSR policies within the company reports in an attempt to further bridge the gaps if any. The ultimate objective is to identify and address any existing gaps, thereby facilitating a more comprehensive understanding of the intricate interplay between pharmaceutical entities and their commitment to social responsibility.622 views -
Pages 3379 - 3402This research paper investigates the crucial role of disclosure in private placement memorandum (PPM) within the banking sector of India and its impact on investor protection. As the financial landscape evolves, private placements have become integral to capital-raising strategies for banks, emphasizing the need for comprehensive and transparent disclosure practices to safeguard investor interests. The study employs a multifaceted approach, combining legal analysis, empirical data, and case studies to assess the current state of disclosure in private placement activities undertaken by banks in India. The research aims to identify key disclosure practices, evaluate their effectiveness, and propose recommendations for enhancing investor protection.722 views
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Assessing Workplace Equity in the Unorganized Sector: Challenges and Opportunities
Student at O.P. Jindal Global Law School, IndiaPages 3403 - 3409The success of a workplace is intricately tied to its inclusivity and equity, crucial for unlocking the potential of its members. This article explores workplace equity in the Indian context, where workplace inclusivity encompasses various demographics. However, existing literature predominantly focuses on the organized urban sector, overlooking the complexities of the unorganized sector that employs 82.17% of India's workforce. The unorganized sector presents unique challenges, including seasonal employment, lack of regulatory oversight, and ingrained societal biases. Existing workplace equity policies designed for the organized sector prove ineffective in this context, leaving workers vulnerable to exploitation and discrimination. Government initiatives, though commendable, lack specificity for the diverse needs of this workforce.The way forward involves expanding the definition of the workplace to include the unorganized sector and fostering collaboration between government, NGOs, and the private sector. Awareness programs must target not only workers but also employers, emphasizing the importance of workplace equity. Concrete actions, like incentivized shops, mobile toilets, and CSR initiatives, are essential to address basic facilities and empower vulnerable groups. In conclusion, achieving workplace equity in the unorganized sector requires a holistic and inclusive approach, recognizing diverse identities, addressing infrastructural challenges, and involving multiple stakeholders in this complex and decentralized landscape.581 views -
The Importance of Maintenance for Dependents and Muslim Law
Student at Central University of South Bihar, IndiaPages 3410 - 3418The Muslim law of maintenance, similar to the law of maintenance in most other legal systems, regards property as the primary and inherently individual matter. Unlike the Hindu system, it does not envision, as the usual state of affairs, the presence of a collective pool of family property that is preserved across generations for the common necessities. Maintenance, referred to as 'nafaqa', encompasses provisions for food, clothing, and shelter, although it is commonly understood to primarily pertain to the former. There exist three reasons for which one individual can provide maintenance to another: marriage, kinship, and property. Only wives, who are entitled to property sufficient for their maintenance, can assert a claim to be supported by their husbands. Their right to maintenance is akin to a form of compensation for their marriage contract. In the present study, we have expounded upon the legal responsibilities bestowed upon husbands to provide sustenance for their wives, progeny, and elderly individuals, while also considering the variables that influence the magnitude of such provisions. Furthermore, this research endeavors to delve into the historical underpinnings of maintenance, as well as explore the various forms of maintenance and the associated debt thereof. In sum, this inquiry accentuates the paramount importance of fulfilling legal duties in supporting dependents within the realm of Islamic law.704 views -
Copyright in the Digital Age: Navigating Challenges and Opportunities in Digitized World
LL.M. Student at School of Law, Christ Deemed to be University, Bangalore, IndiaPages 3419 - 3434The emergence of 'Internet' led to content being transferred to any part of the world at virtually no cost. The replication and piracy of such idea and expression led to large scale violation of copyright. It is well recognized that the copyright law in legitimate archives is the legacy of creativity. It has undergone methodical adjustments while taking into account the type, level, and application of innovation needed to maintain people's interest in imagination, progress, and creativity. From one angle, its main goal is to provide producers and creators of various copyright works with motivating factors while also making such works accessible to the broader public. The necessity to give the creator credit and the attractiveness of making such works open require the copyright law to change. The Indian Copyright Law now includes Technological Protection Measures thanks to the Copyright (Amendment) Act of 2012. The critical question that this study asks from a legal and economics perspective is whether India has the need to adopt such a mechanism, even though a comparison of the new TPM provisions with similar legislation in the US and the EU shows a relatively better approach that reduces the negative effects posed by DRM provisions. In this paper, it is further claimed that the new TPM rules are flawed because they have the unintended consequence of creating an overly restrictive Para-copyright regime and limiting creativity and innovation, which are the fundamental components of copyright law. Technology's advent has brought about technical security measures. Owners of copyrights employ these procedures to safeguard and control usage of their protected works. The copyright law, which establishes and defends the rights of copyright owners, also makes it illegal to go beyond the technical safeguards put in place by those owners. This dissertation includes in-depth study on the clause that safeguards copyright owners' use of technical protective measures. The WIPO Performers and Phonograms Treaty and the WIPO Copyright Treaty, which served as the cornerstones for the existing provisions in United States, European Union, and Indian copyright law, have both been examined in this paper.1,330 views -
Examine the Intersection of Human Rights and the Criminal Justice System
Director at School of Legal Studies, Sanjay Ghodawat University, Kolhapur, IndiaPages 3435 - 3448Human rights activists have been fighting the state's immense might for centuries. Everyone agrees that these human rights represent a growing need for a more civilized world in which every person's inherent worth is recognized and safeguarded. The development of legislation various parts of society have criticized the Supreme Court's defense of human rights, although this criticism is unfounded. actual study. Human rights are not only important in theory, but also have real-world implications for individuals. Denial of human rights would set the setting for political and social unrest, wars between governments, and hostility inside countries. Because "justice delayed is justice denied," access to justice is crucial to living a dignified life. An independent, fair, swift and effective court is the very core of civilization.624 views -
Pages 3449 - 3458In an age where personal data is easily accessible and editable, it's crucial to consider the implications of digitizing such information. Safeguarding this data is essential, leading to the necessity of privacy tools. Companies handling data often both acquire and sell it, and compliance regulations drive them to prioritize data protection. Despite available options, consumers fear unauthorized access and prefer data deletion over potential future access via the cloud. Methods like overwriting, permanent destruction, or physical removal of stored data offer reliable options for ensuring sensitive information doesn't end up in the wrong hands. The first state in the United States that created an accessible data deletion mechanism allowing consumers to place an application for deletion of personal data held by data brokers is California. The California Delete Act (SB 362 Bill) was introduced on October 10, 2023, to impose registration and disclosure requirements in addition to existing mechanisms that support requests of data deletion by way of a central deletion mechanism. While this Act is considered a key step towards enhancing consumer privacy protection, one cannot help but question the necessity behind the introduction of such a mechanism and whether it truly does strike the right balance between protecting privacy of consumers against the interest of data brokers.657 views
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The Status of Government as a Creditor in Insolvency Proceedings in India
Student at Jindal Global Law School, IndiaPages 3459 - 3462The government's position as a creditor in Indian bankruptcy proceedings has undergone substantial changes under the bankruptcy and Bankruptcy Code, 2016. The State Tax Officer v. Rainbow Papers Ltd., 2022 case established a significant legal precedent by granting the government the same level of priority as secured creditors, therefore treating its statutory dues as equivalent to other secured obligations. Nevertheless, this position encountered obstacles because of its potential influence on investment and legal disputes with the IBC's waterfall structure. The Paschimanchal Vidyut Vitran Nigam Ltd. judgement in 2023 provided more clarification on the government's position in insolvency proceedings. It established that the government should be treated equally to operational creditors, establishing a fair and balanced approach.708 views -
Collegium System in India: Criticism, Comparison and Future
Student at O.P. Jindal Global University, IndiaPages 3463 - 3472In India, there has been a national debate about how judges of the Supreme Court and High Court are chosen. Prior to the establishment of the Indian Supreme Court, judicial appointments were primarily the responsibility of the executive. The collegium system, which the Chief Justice of India and senior judges of the Supreme Court use to make new appointments to the Supreme Court and the High Courts, was established by the Supreme Court in 1993. The Indian Supreme Court declared the law unconstitutional after Parliament amended the Constitution in 2014 and passed a bill to establish a commission to select judges. The collegium method of choosing and transferring judges in the higher courts has been the topic of much criticism, and it has been blamed on disagreements between the judiciary and the administration, as well as the slow pace of judicial appointments. Critics have pointed out that the system is opaque because there is no formal procedure or public accountability.2,592 views -
Pages 3473 - 3480In India, Indian Constitution provides for Separation of Powers with checks and balance to prevent concentration and abuse of Powers. Powers are separated between three pillars legislature, executive and judiciary. Legislature enacts law at Central and State level. Executive enforce and administer the law enacted by legislature. Judiciary interpret the law and acts as protector of people's right by Judicial Activism. In the welfare state, Legislature could not concentrate on all the details and to satisfy people's need. Hence legislature started to delegate legislative powers through Parent Act to the executive. It made the skeleton and let the legislative fill the gaps through rules, regulations, bye laws etc. according to people's need and changing circumstances. Legislative functions are divided under two heads. They are essential functions and incidental functions. Essential functions are making policy of the legislature and guiding principles to implement the legislation. Functions which are not essential are called as incidental functions. Legislature cannot delegate essential functions to the executive only incidental functions are delegated. Executive has to be checked to prevent abuse of power. Legislature has two kinds of control to prevent abuse of power. In this paper we will see whether the executive abuses its quasi legislative power and if so what are the abuses done by executive.1,090 views
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Understanding the Notion of Use of Force under the Laws of Armed Conflict
Student at Symbiosis Law School Hyderabad, IndiaPages 3481 - 3500This research delves into the multifaceted realm of utilizing force under the auspices of “international humanitarian law” (IHL) that governs the behaviour of entities engaged in armed conflicts. The study meticulously explores vital concepts and legislative frameworks, offering nuanced interpretations to elucidate the complexities surrounding the use of force. Commencing with an examination of fundamental principles shaping wartime force deployment, including necessity, proportionality, and differentiation, the research establishes these as pivotal benchmarks for assessing the legality and appropriateness of force in specific scenarios. The author further delves into the responsibility of conflict parties to diligently safeguard individuals and civilian infrastructure, emphasizing the ethical imperative inherent in armed conflict. In addition, the study scrutinizes the evolving nature of armed conflicts and the challenges posed by traditional notions of force. It highlights the imperative of ongoing reassessment of legal interpretations and the establishment of adaptive procedures to address emerging complexities. The paper underscores the importance of accountability and reparations for violations or abuses of "armed conflict rules, exploring the roles of international criminal tribunals (ICT) and national judicial systems in holding individuals and institutions accountable for their conduct. Moreover, the research probes into the changing landscape of armed conflicts in the contemporary world, encompassing the rise of non-state actors and the integration of technology in warfare. It stresses the necessity of international cooperation and coordination to effectively confront these challenges and ensure the just dispensation of justice. Additionally, the study emphasizes the role of education and awareness-raising in fostering a culture of respect for human rights, aiming to prevent future violations. By comprehensively addressing these facets, this research contributes to a deeper understanding of the intricate dynamics surrounding the application of force in armed conflicts and advocates for a more conscientious and informed global approach to conflict resolution.810 views -
Pages 3501 - 3514Government is an institution that has a union of ministers who make laws for the country and fulfill the needs of the country. A country that is vast and diverse also has unlimited expectation from all groups of people. They need a government to work to fulfilling those expectations and for the proper functioning of government, there must be a constitution. Every constitution has some goal like elevating poverty, bringing equality in the society, everyone getting a chance to be prosperous, civil rights to citizens, keeping all people united, all religions coexisting peacefully, etc. All these expectations are fulfilled by the Indian constitution which is a strong and written constitution. Indian constitution has three main pillar's legislatures (which make laws), the Executive (who implement laws), and Judiciary (which look at the proper implementation and give verdicts and establish truth). Among all these pillars, the legislature gives a platform where people’s voices are raised for their benefit and their welfare. Indian parliament is divided into three parts i.e., President, Rajya Sabha (indirectly elected by the people), and Lok Sabha (directly elected by the people). The people of India cast their votes and form a government. This Government makes laws and rules for the welfare of the people. Here, the role of government comes out to fulfill the needs of the people. This research is done to find out whether the Indian government is working towards the goals envisaged in the constitution. We also find out some data where the government did well, somewhere doing good, but we also found some blackness in providing civil and economic rights. In the research, we tried to find out solutions that the Indian government has to achieve. We covered national and international issues, problems, and their solutions to human rights.783 views
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The Need to Implement Paid Menstrual Leave as a Labor Legislation in India: A Comprehensive Study
Student at Ramaiah College of Law, Bangalore, IndiaPages 3515 - 3527The phenomenon of menstruation has persistently endured as a deeply entrenched societal taboo, transcending geographical boundaries and manifesting with particular intensity within the cultural context of India. Whenever a woman experiences menstruation, she is compelled to adhere to longstanding customs that are widely acknowledged. Notwithstanding the anguish and unease experienced, it is incumbent upon each woman to diligently engage in her routine undertakings. In the context of women employed within an office or occupations that require physical exertion, it is regrettably observed that these individuals encounter challenges when seeking to assert their entitlement to rest during their menstrual cycles. This predicament arises from a reluctance to openly discuss this natural physiological process. As per the findings elucidated in a study conducted at the esteemed University College London, it has been posited that the distressing phenomenon commonly referred to as menstrual cramps may potentially exhibit a comparable intensity to that of a myocardial infarction, colloquially known as a heart attack . This elucidates the profound magnitude of the anguish experienced, whereby exerting undue pressure or tension during the said period shall invariably compromise the well-being of the female individual. The issue of menstrual leave, akin to maternity leave, is one of great sensitivity and significance. Whilst the duration of the cycle may be shorter than that of the maternity period, it is imperative to acknowledge the gravity of the pain, discomfort, and associated health issues that manifest within this condensed timeframe. These afflictions bear significant consequences that reverberate throughout one's professional or educational milieu. It is evident that women in the workplace currently enjoy the advantage of maternity leave as provided by The Maternity Benefits (Amendment) Act 2017 and other pertinent labour statutes. However, it is disconcerting to observe that the discourse surrounding the issue of menstrual leave remains inadequately acknowledged and deliberated upon. In the present matter, one must ponder upon the question of equity in relation to a woman's ability to undertake risks and arduous tasks amidst the considerable physical discomfort she experiences. Additionally, it becomes imperative to examine whether the proposition of a remunerated menstrual leave poses an impediment to the career progression of female employees, thereby potentially dissuading companies from engaging in their services. According to the esteemed feminist activist, Kavitha Krishnan, it is her contention that each time the government formulates a policy, it does so with the explicit intention of conferring advantages upon the male workforce. Both women and transmen experience the physiological phenomenon of menstruation, thereby necessitating a thoughtful examination of the matter pertaining to the implementation of menstrual leave. Many individuals espouse the cause of advocating for paid menstrual leave. Furthermore, it has garnered a substantial amount of criticism. Within the confines of this paper, we shall delve into the perpetual discourse surrounding the permissibility of granting menstrual leave within Indian workplaces, with a particular focus on its potential advantages for women. Additionally, we shall examine the current status of menstrual leave both within India and abroad, while also elucidating the importance of its necessity within the framework of our nation's labour laws.911 views -
Unorthodox Warfare, Multinational Conflict and New Standards in Contemporary International Mediation
Student at MIT-WPU Faculty of Law, IndiaPages 3528 - 3535In the recent decades, there has emerged a significant transformation in the nature and strategies of warfare, accompanied by the worldwide spread of armed conflicts. This phenomenon has emerged due to the growing interconnectedness of diverse civilizations, the rapid dissemination of information, the removal of hurdles in distance and time for interactions, and the concurrent involvement of an increasing number of participants in the same field. Modern works on the analysis of conflict at a detailed level and elucidating the factors that lead to unorthodox warfare have generated a significant increase in interest among scholars and researchers. This attention can be ascribed to the premise that these investigations have been undertaken. The objective of this research is to highlight the insufficient focus in the current study on multinational mediation towards developing innovative approaches for effectively addressing emerging issues. This article will primarily address the latest studies conducted on the subject of international mediation. The cause of this phenomenon is the current spike in attention towards the analysis of conflict disaggregation and the identification of variables that contribute to non-conventional warfare. The multinational mediation mechanism was deemed insufficient in its capacity to swiftly adjust to the evolving dynamics and unforeseen trajectories of the war, resulting in its prolonged duration.633 views -
Impact of Mass Media in Promoting Gender Neutrality
Assistant Professor at Asian Law College, IndiaPages 3536 - 3540Media is said to be the “effective medium” to work on any public domain, where development is needed. To analyze any one such powerful domain, “Gender” could be a sphere where Mass Media has worked a lot for bringing gender transformation by bridging gap between social identities of ‘Men’ ‘Women’ and ‘Third gender’ This paper is an attempt to highlight about the role of media in the development of Gender equality amongst the whole nation, by fulfilling all the three objectives of media i.e. ‘to inform’, ‘to educate’, and ‘to entertain’ the society about it and ensure that society will accept this positive change which will not only help a country to grow but will also enhance their standard of living.749 views -
A Study on Deepfakes and Copyright Infringement
Advocate in IndiaPages 3541 - 3547With COVID-19 came the infodemic as well. This resulted in the bombardment of excessive information, whether true or not. Extreme information is thrown at us via social media. Sometimes, this information or the content tends to be fake. The technical development is so advanced that today, we can create fake content. In this research paper, we are trying to explore the growing technology of artificial intelligence and machine learning technology. With the use of artificial intelligence and machine learning, the computer can produce realistic videos, audio and images which are not real. They are fake videos which are incredibly natural looking. This could create a lot of legal implications and intellectual property rights violations. In this research paper, we are trying to discover the legal consequences of deep fake videos, audio and images. We would also explore the copyright infringement that these deep fakes are creating. This study has treated profound intellectual property violations and cybercrime violations. In this research paper, we will also explore copyright violations because of the deep fakes and how the moral and economic rights of the original creator are being violated or infringed1,308 views -
Companies Act 2020 and the Challenges of Company Law Reform in Nigeria
Faculty of Law, Lagos State University, Lagos, NigeriaPages 3548 - 3564Most literature that has examined the Nigerian Companies Act 2020 (CA 2020) praised it for representing a fundamental reform of company law. In this article, we examine some of the notable provisions of the CA 2020 that have the potential to ensure a conducive environment for the growth of entrepreneurship and small businesses. However, we identify some challenges that may frustrate the effectiveness of the CA 2020 in practice. These challenges are in the contexts of the prevailing legal, social, and economic factors of public infrastructure and utility services, access to finance, international trade, and tax system. These factors need to be favourable to the Nigerian business environment for the CA 2020 to effectively exert its functional impact. Otherwise, this article argues that contrary to the position in existing literature the CA 2020 may turn out to be a mere incremental than fundamental company law reform.882 views -
Channelizing Online Dispute Resolution in the Indian model of ADR
Advocate at Delhi High Court, IndiaPages 3565 - 3572Technological advancements and scientific breakthroughs have improved how people live and work. Alternate Dispute Resolution mechanisms such as mediation, arbitration and negotiation are an alternative to adversarial court litigation for a long time now. With the tech-savvy approach in the commercial world and day-to-day life, it is becoming extremely important for the legal world to take a technological ride and incorporate technology in the administration of justice. Over the last few decades, the distribution of information in India has accelerated. This has paved the way for court computerization pushing the Indian judicial system towards transparency and efficiency. India as a developing country has the full potential to become a techy country for which it requires proper physical infrastructure and adequate technological literacy. Setting up the Online Dispute Resolution Ecosystem is a step forward from the traditional Alternative Dispute Resolution System.667 views -
Digital Revolution in Criminal Procedure of India: An In-depth Examination of the Impact of Emerging Technologies
Student at School of Law, IMS Unison University, Dehradun, IndiaPages 3573 - 3588The advent of emerging technologies has ushered in a digital revolution that is profoundly transforming the landscape of criminal procedure in India. This paper provides a comprehensive exploration of the multifaceted impact of these technologies on the Indian criminal justice system. As India grapples with evolving crime patterns and the need for expeditious justice delivery, emerging technologies have emerged as a powerful ally, revolutionizing key facets of criminal procedure. This in-depth examination delves into the significant role of artificial intelligence, blockchain technology, and facial recognition in redefining evidence management, case investigations, and surveillance practices. It highlights the pivotal role of these technologies in enhancing the efficiency, accuracy, and transparency of criminal procedures while addressing the myriad ethical and legal considerations that accompany their integration. Drawing from real-world examples and case studies, this paper offers insights into how Indian law enforcement agencies and the judiciary are leveraging technology to predict and prevent crimes, manage evidence, and ensure adherence to due process. The research also underscores the ethical and legal challenges posed by these technologies, from privacy concerns to potential biases, emphasizing the need for comprehensive regulatory frameworks. Furthermore, the paper outlines strategies to resolve these ethical and legal considerations, encompassing comprehensive regulatory frameworks, ethical guidelines, and public engagement. It advocates for a holistic approach that balances the advantages of technology with the ethical and legal imperatives of the Indian criminal justice system. In an era where the digital transformation of criminal procedure is inevitable, this examination serves as a vital resource for legal practitioners, policymakers, and technologists seeking to navigate the evolving landscape, ensuring that technology becomes a catalyst for justice, fairness, and efficiency within the Indian legal framework.914 views -
Assessing the Draft Principles on Environmental Protection in Armed Conflict: Strengths, Weaknesses, and Innovations
Student at the University of Sydney, AustraliaPages 3589 - 3603The International Law Commission (ILC) has recently issued new principles for the Protection of the Environment, which address environmental issues in armed conflict. The principles are intended to fill the gaps in the existing international legal framework in this area, and represent the most significant legal advancement on this issue in 50 years, but rather they are intended to raise the profile of the issue and make the environment a priority in the aftermath of conflict. This paper critically analyses the strengths, weaknesses and potential problems of these principles, demonstrating their practical application through case studies. Their effectiveness depends on their adoption and implementation by parties to armed conflict, as well as on international regulatory mechanisms, which to a large extent constrain the principles; A structured approach was adopted to critically examine the ILC's basic principles in detail using four case studies: the 1938 Yellow River Flood, the FUDS programme, the Vietnam War, and the Russo- Ukrainian War, revealing how these principles may affect the legal environment.721 views -
Role of Mediation in Indian Judiciary
Assistant Professor at VELS University Chennai, IndiaPages 3604 - 3613In the last several years, it has been shown that alternative dispute resolution (ADR) techniques are widely acknowledged and accepted worldwide. However, research has shown that mediation tools and strategies may really be a godsend, particularly when handling both family and business disputes. The Indian Apex Court has occasionally approved these tools as well, including the processes and methods of mediation. The mediation process will be cheaper while comparing with the normal court process in the Indian Judiciary. If the problems settled in the mediation process the court fee will be refunded . Also, in the process of Mediation there is win-win situation in the legal progress. Recently, The Mediation act 2023 enacted by our Government of India.764 views -
Environmental Security: An Agenda for India’s Foreign Policy
Research Scholar at Department of Defence and Strategic Studies, Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur, Uttar Pradesh, IndiaPages 3614 - 3625International security scenario is changing rapidly with changes in agendas of common interest. The themes for international collaborations are becoming more and more on cooperation for those common interests. The past decade has seen augmented acknowledgement of the relationship between environment and foreign policy within academic literature and among strategic groups. Increasing verification by various communities for the linkage between environment and security has been discussed in detail in the most recent conferences of UNEP and COP. This study explores India's foreign policy and its role in the environmental security agenda. This study also identifies the relationship between foreign policy and environmental security, which a descriptive survey of the history of the environment has done. New emerging security concerns have been elaborated. In the changing strategic environment, India's initiatives in articulating international security strategies for environmental security have been evaluated in this work. Various efforts of all levels of foreign policy efforts have been traced. Some suggestions have been presented based on this analysis that can help to decision-makers in framing relevant strategy to achieve the agenda of a sustainable world.814 views -
Pages 3626 - 3641The Kerala model refers to the practices adopted by the Kerala State to improve the Human Development Index of the people living in the state. The achievements of Kerala in this aspect can be compared with that of the developed countries especially in health care sector. The state has got strong social indicators like high literacy and life expectancy rates, improved access to healthcare, low infant mortality and birth rates. The much-acclaimed Kerala model of development is characterized by the achievements of the state in having strong social indicators like education, healthcare, high life expectancy, low infant mortality rates. This was achieved due to the efforts taken by the state in the creation of productive social infrastructure. The healthcare system prevailing in the state is considered to be the principal factor responsible for attaining high level of health status when compared with the rest of the country. Both modern medicine and AYUSH system of medicine have played a crucial role in providing universal access and availability of health care facilities to the poor sections of the society in Kerala. It is also important to note the role played by the State Government’s Health Insurance Schemes like the Karunya Scheme and the Karunya Arogya Suraksha Padhathi (KASP) which was instrumental in making health care accessible to the poor and weaker sections of the society. The most recent example of the success of the ‘Kerala Model’ can be seen in the successful tackling of the NIPAH outbreaks and also in dealing with the Covid-19 pandemic situation. The state government has successfully tackled both these situations by efficient utilization of the government machinery and human resources available at its disposal. This paper analyses the Kerala model of healthcare and its role in achieving sustainable development goal objectives pertaining to health.1,798 views
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Trial by Media: Free Speech v. Fair Trial
Student at University of Petroleum and Energy Studies, IndiaPages 3642 - 3656In contemporary society, the intersection of free speech and the right to a fair trial has become a complex and contentious issue, particularly in the context of media influence on legal proceedings. This abstract explores the delicate balance between the constitutional guarantee of free speech and the imperative to ensure a fair and impartial trial. The phenomenon of "Trial By Media" refers to the potential for media coverage to shape public opinion, influencing jurors and jeopardizing the accused's right to a fair trial. Examining high-profile cases and their media portrayals, this abstract delves into the ethical and legal challenges posed by sensationalized reporting, social media commentary, and the 24/7 news cycle. It considers the impact of pretrial publicity on juror bias and the judiciary's struggle to mitigate these effects. Furthermore, the abstract discusses the evolving role of the media in the digital age, where information spreads rapidly and often uncontrollably. It explores potential solutions and legal frameworks aimed at reconciling the constitutional right to free expression with the imperative to safeguard the integrity of the judicial process. As societies grapple with these competing interests, finding a nuanced equilibrium between the principles of free speech and fair trial becomes essential to uphold the foundations of justice and maintain public trust in the legal system.1,106 views -
Pages 3657 - 3663Global reach, low marginal and distribution costs, economies of scope, and growing returns to scale are all advantages of digital platforms. Serving more customers in conventional marketplaces requires paying for physical distribution. On the other hand, manufacturing in digital markets especially information services imply minimal variable costs and fixed expenses. This makes it possible for digital platforms to grow quickly. In order to better understand customer preferences and likes and provide higher-quality services, platforms gather user data and apply machine learning algorithms. Larger platforms outperform smaller ones because algorithmic technologies' predictive capacity performs better on larger datasets. Because of this, bigger platforms may charge more for their tailored advertising services.832 views
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Due diligence on cybersecurity and privacy has become much more important in merger and acquisition (M&A) negotiations over the last 10 years. The days of presuming that only businesses involved in technology and innovation are affected by privacy and cybersecurity legislation are long gone. These days, data privacy and security laws in the US and other countries may apply to any firm that gathers personal data about its consumers, clients, workers, business representatives, and users even if that data is as basic as name, login, age, and password. In some M&A deals, a seller's adherence to existing data privacy and security standards can be crucial, and in some cases, a deal-breaker. This is particularly true when the seller's gathered personal data is one of the primary assets being sought after by a possible purchase.931 views
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From Vows to Verdict: Analyzing the Legal Dimensions of Maintenance for Deserted Wives under Section 125 of CrPC
Student at Institute of Law, Nirma University, IndiaPages 3670 - 3677Focusing on the landmark case of Chaturbhuj v. Sita Bai (2008) 2 SCC 316, the study painstakingly analyses the complex terrain of spousal maintenance. Amidst the reverberations of a disputed maintenance claim, the article unravels a legal web that interweaves the fine threads of post-divorce financial obligations. Following the steady beat of Section 125 of the Criminal Procedure Code, the study deftly traverses the constitutional wiggle room provided by Articles 15(3) and 39(a). This study delves deeply into the court's interpretation of the law, highlighting the importance of enduring obligations that remain even after a marriage ends. It sheds light on the larger social ramifications by exploring the junction of gender rights and financial responsibility. The composition provides a harmonious analysis of the everlasting commitments made by divorced couples as the legal symphony builds to a climax in the court's decision. It deftly blends legal ideas with societal imperatives, striking a chord that probes the precarious balance between individual autonomy and the state's responsibility to protect those who are vulnerable.841 views -
Judicial Reforms on Subordinate Judiciary: An Analysis
Assistant Professor at VELS University Chennai, IndiaPages 3678 - 3685For Indian residents to have equal legal protection, the promise of fair and prompt justice is crucial. The Supreme Court of India has often emphasized that a part of the right to life is the ability to receive justice quickly and without delay. Although it is both a constitutional need and a governance direction, access to justice confronts several challenges that have effectively prevented it from being realized in reality. Although the Indian court may be seen as substantially impartial and independent, its effectiveness has been questioned due to its inability to render decisions in a timely manner. Although it is true that judicial delays and the ensuing backlog of cases affect all levels of the Indian judicial system, this paper's focus is only on the subordinate judiciary, which consists of district and sub-district courts and has been under constant stress as a result of this strain. As a result, there are now vastly increasing arrears and backlogs of cases. In light of this, this article conducts a brief analysis of the structural problems afflicting India's subordinate courts. Judicial reforms in India should concentrate on the lower courts, which are frequently the first to deal with litigants. Although it is commonly acknowledged that the lower court in India suffers from a chronic lack of funding, effective measures to address the issue have not been taken. This essay examines the factors that contribute to the severe backlog and arrears in the lower courts. This essay also assesses potential remedies that may be used to lessen the severity of court delays.936 views -
Marriage in India: An Overview of Its Forms, Varieties, and Its Legality
Student at Sastra University, Thirumalaisamudram, Thanjavur, IndiaPages 3686 - 3693This page explains the genuine concept of marriage, its different varieties, and how marriages are performed in various religions. Marriage is performed according to the traditions and customs of each religion. Marriage is commonly viewed as the legal sanction for a man and woman to cohabit. It is possible to comprehend the various forms of marriages in India as well as the aims of marriage. It has also addressed modern challenges in marriage in today's society. The legitimacy of marriage is determined by many laws and acts enacted by India's parliament. This paper also mentions the Hindu Marriage Act of 1955, the Muslim Marriage Act of 1954, the Christian Marriage Act of 1872, etc. The article was completed by referring to prior articles and research papers on the subject.810 views -
Evolution of Corporate Criminal Liability in India
Advocate at Bar Council of Delhi, IndiaPages 3694 - 3704This paper delves into the evolution of corporate criminal liability within the Indian legal framework, elucidating its legal foundation and the theories underpinning it. The exploration encompasses the conceptualization of corporate criminal liability, including Vicarious Liability, the Identification Doctrine (Doctrine of Attribution), and the Organizational Model. Through an in-depth analysis, the paper navigates through landmark judgments that have shaped the evolution of corporate criminal liability in India. These judgments serve as pivotal milestones, elucidating the judiciary's interpretation and application of corporate culpability in various contexts. Furthermore, the paper scrutinizes the evolution of corporate criminal liabilities in light of the recommendations put forth by the 47th Law Commission Report. By examining the proposed requirements and standards outlined in the report, the paper provides insight into the potential future landscape of corporate criminal liability in India. In conclusion, this paper consolidates the multifaceted aspects of corporate criminal liability, offering a comprehensive understanding of its legal framework, theoretical underpinnings, historical progression, and prospective developments in the Indian legal landscape.1,078 views -
Analysis of Right to Informational Privacy with respect to DPDPA 2023
Managing Partner at Vicit Law Asssociates, IndiaPages 3705 - 3718This research paper provides a comprehensive analysis of the Digital Personal Data Protection Act, 2023 (DPDPA 2023) and its impact on the right to informational privacy in India. Recognizing privacy as a fundamental right, the DPDPA 2023 establishes a robust framework for the collection, processing, and management of personal data. The paper discusses the Act's key provisions, including the emphasis on informed consent, individual rights such as access, correction, and erasure, and the obligations imposed on data fiduciaries to ensure accountability and transparency in data handling. The research highlights the significant implications of the DPDPA 2023 for individuals, businesses, and the government, emphasizing its role in empowering individuals to control their personal information while enhancing consumer trust in the digital economy. The paper further examines the challenges that may arise during the Act's implementation, particularly for small and medium enterprises, and the need for a balanced approach to state interests and individual privacy rights. Additionally, the societal impacts of increased privacy awareness and the establishment of grievance redressal mechanisms are discussed, underscoring the DPDPA's potential to foster a culture of accountability in data processing. Overall, this study underscores the transformative nature of the DPDPA 2023 in strengthening informational privacy protections in India and highlights the necessity for ongoing commitment to privacy rights amidst evolving digital landscapes.556 views